MT
MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) RULES
Table of Provisions (145)
Statutory Text (145 Articles)
SUBSIDIARY LEGISLATION 234.51
MERCHANT SHIPPING
(MARITIME LABOUR CONVENTION) RULES
20th August, 2013 *
LEGAL NOTICE 145 of 2013, as amended by Legal Notices 262 of 2013,
390 of 2016, 465 of 2020 and 26 of 2025.
The title of these rules is the Merchant Shipping (Maritime
Labour Convention) Rules.
(1)
In these rules unless the context otherwise requires
''the Act'' means the Merchant Shipping Act;
"appropriate inspector" shall have the same meaning as assigned
to it in article 154 of the Act;
"armed robbery against ships" means any illegal act of violence or
detention or any act of depredation, or threat thereof, other than an act
of piracy, committed for private ends and directed against a ship or
against persons or property on board such a ship, within a State’s
internal waters, archipelagic waters and territorial sea, or any act of
inciting or of intentionally facilitating an act;
"competent authority", in relation to Malta, means the Registrar-
General and, in relation to other States, means the national maritime
administration maintained by those States;
"Convention" means the Maritime Labour Convention signed in
Geneva on the 7th February, 2006 including any amendment or
Protocol related thereto as may from time to time be ratified,
acceded to or accepted by the Government of Malta and other
instruments, standards and specifications of a mandatory nature
related thereto adopted or developed by the International Labour
Organisation or in terms of rule 4;
"Council Directive 2009/13/EC" means Council Directive 2009/
13/EC of 16 February 2009 implementing the Agreement
concluded by the European Community Shipowners’ Associations
(ECSA) and the European Transport Workers’ Federation (ETF) on
the Maritime Labour Convention, 2006, and amending Directive
1999/63/EC;
" i n s p e c to r " m e a n s a p e r s o n a ut h o r is e d by t h e c o m p e t e nt
authority or the maritime administration of another State to inspect
the working and living conditions of seafarers in accordance with
the Convention;
"medical practitioner" means a duly qualified medical
practitioner;
''medical stores'' includes medicines, medical equipment and
antidotes;
*see rule 1(2) of these Rules, as originally promulgated.
"piracy" means the same as the meaning assigned to it in the United
Nations Convention on the Law of the Sea, 1982;
"proper authority" means, if in Malta, any person appointed by
the competent authority, or, if in a place outside Malta, a Maltese
consular officer, or, if there is no such officer in that place, such
officer as is authorised in that behalf by the Minister or other
appropriate authority;
"Registrar-General" shall have the same meaning as is assigned to it
in the Act;
"safe manning document" means a document prescribing the
minimum safe manning considered necessary for the sufficient and
efficient manning of the ship from the point of view of safety of life
at sea and pollution prevention, issued, in the case of a Maltese ship
by the Registrar-General, and in the case of any other ship, by or on
behalf of the Government of the State whose flag the ship is
entitled to fly;
"seafarer" means any person who is employed or engaged or
works in any capacity on board a ship, to which these rules apply,
but excluding persons providing non-scheduled or ancillary
services to a ship to assist it in its maritime voyage such as, inter
alia, shore based engineers, bunker crew, pilots, members of the
Armed Forces of Malta, or a member of the Civil Protection
Department of Malta;
"shipowner" or "owner" means the owner of the ship or another
organisation or person such as the manager, or the bareboat
charterer, who has assumed the responsibility for the operation of
the ship from the owner and who, on assuming such responsibility,
has agreed to take over the duties and responsibilities imposed on
shipowners in accordance with these rules;
"STCW Convention" means the International Convention on
Standards of Training, Certification and Watchkeeping signed in
London on 7th July 1978.
(2) Unless otherwise defined in these rules or unless the
context otherwise requires, words and expressions used in these
rules sha ll have t he same me ani ng a s s ig ne d to t he m in t he
Convention.
(3) In the Convention, any reference to "recognised
organisation" shall, for the purposes of these rules, with reference
to Malta and where the context so requires, be construed as a
reference to a surveyor of ships or an organisation or body of
surveyors appointed in terms of article 367 of the Act, and duly
authorised by the Registrar-General.
(4) These rules shall be read and construed together with the
Convention and Council Directive 2009/13/EC.
PART I
GENERAL
(1) Subject to sub-rule (2), these rules shall apply to all
Maltese seagoing ships wherever they are and to all other ships
while they are in Maltese ports as determined by the Convention
and to all seafarers serving onboard such ships.
(2)
These rules shall not apply to
(a) fishing vessels;
(b) ships of traditional build;
(c) "small ships" as defined in the Small Ships
Regulations and that navigate exclusively in internal
waters or waters closely adjacent to Malta;
(d) yachts in non commercial use;
(e) warships or naval auxiliaries
Provided that in case of doubt as to whether any categories
of persons are to be regarded as seafarers, or as to whether any
vessels are to be regarded as ships, the matter shall be determined
by the Registrar-General after consultation with the shipowners’
and seafarers’ organisations concerned.
Amended by
L.N. 262 of 2013;
(Rules 89 and 92)
L.N. 390 of 2017.
REQUIREMENTS FOR EXISTING SHIPS
Appendix I applies to ships built before 10 January 2003.
Appendix II applies to ships the keel of which is laid or which is at a similar stage
of construction on or after the 10 January 2003.
1. General requirements
1.1. Crew accommodation (except store rooms) shall
whenever practicable be situated amidships or aft; but in no case
shall any part of the crew accommodation (except store rooms) be
situated forward of the collision bulkhead;
be situated above the Summer Load Line (if any) marked on the ship
in accordance with the provisions of rules made under article 251 of
the Act
Provided that in the case of a passenger ship the crew
accommodation may, on condition that satisfactory arrangements are
made for lighting and ventilation of sleeping rooms, be situated
below the Summer Load Line, but in no case immediately beneath
working alleyways; and
be arranged and constructed, and situated in such a position, as to
ensure
(a)
the protection of the crew against injury to the greatest
practicable extent;
(b)
the protection of the crew accommodation against the weather
and the sea;
(c)
the insulation of the crew accommodation from heat and cold;
(d)
the protection of the crew accommodation against moisture due
to condensation;
(e)
the exclusion from the crew accommodation of effluvia
originating in other spaces in the ship;
(f)
the exclusion from the crew accommodation, to the greatest
practicable extent, of noise originating in other spaces in the
ship; and
(g)
the prevention of the harbouring of vermin.
1.2. Where the crew accommodation of a ship is not normally air-conditioned,
the crew accommodation shall
if the ship regularly trades to mosquito-infested ports, be provided
with appropriate protection devices as required by the competent
authority; and
if the ship regularly trades to or in the tropics or the Persian Gulf, be
fitted with suitable awnings.
1.3 Crew accommodation shall be accessible at all times from the open deck. An
opening from an open deck into the crew accommodation shall be protected against
the weather and the sea.
2. Bulkheads
2.1. Bulkheads separating a part of the crew accommodation (other than a
recreation deck space) from a space used as
(a) a bunker;
(b) a cargo or machinery space;
(c) a lamp room or paint room;
(d) a store room not forming part of the crew accommodation (other than a
dry provision store room);
(e) a chain locker; or
(f)
a cofferdam;
shall be so constructed as to be gastight and, where necessary to protect the crew
accommodation, watertight.
2.2. A bulkhead that separates a part of the crew accommodation from a dry
provision store room (whether or not that store room forms part of the crew
accommodation) shall be gastight.
2.3. A bulkhead that separates a part of the crew accommodation from sanitary
accommodation, a laundry, a drying room, a galley or a cold store room (whether or
not they form part of the crew accommodation) shall be gastight, and shall be
watertight to such height as is necessary to prevent the passage of water into the
adjoining space.
2.4. A bulkhead that separates sanitary accommodation from another part of the
crew accommodation shall, except in a doorway, be watertight to a height of not less
than 230 millimetres above the floor of the sanitary accommodation.
2.5. Paragraphs 2.3 and 2.4 do not apply to bulkheads that separate
(a) sanitary accommodation from other sanitary accommodation;
(b) a laundry or drying room from another laundry or drying room;
(c) a galley from another galley or from a pantry;
(d) a cold store room from another cold store room; or
(e) en suite sanitary accommodation from its associated sleeping room or
rooms.
2.6. Inside paneling in the crew accommodation shall be constructed of material
with a surface that can easily be kept clean.
2.7. Bulkheads or paneling shall not be constructed of material likely to harbour
vermin.
2.8. Bulkheads enclosing rooms used as sleeping rooms, mess rooms or
recreation rooms shall be lined on the side of those bulkheads with those rooms.
3. Openings
3.1. There shall not be a direct opening between the crew accommodation (other
than recreation deck spaces) and spaces used as
(a) a bunker;
(b) cargo or machinery spaces;
(c) lamp rooms or paint rooms;
(d) store rooms not forming part of the crew accommodation;
(e) chain lockers; or
(f)
cofferdams.
3.2. Except in the case of en suite sanitary accommodation, there shall not be a
direct opening between the crew accommodation (other than recreation deck spaces
or passageways) and any sanitary accommodation, laundry or drying room (whether
or not that sanitary accommodation, laundry or drying room forms part of the crew
accommodation).
3.3. Paragraph 3.2 does not prohibit a direct opening between spaces forming
part of the sanitary accommodation or between spaces appropriated for use as
laundries or drying rooms.
3.4. There shall not be a direct opening between a sleeping room and a galley.
4. Pipes
4.1. Except where no other arrangement is reasonably practicable, steam supply
and exhaust pipes to machinery shall not pass through the crew accommodation.
4.2. Where such pipes pass through the crew accommodation, they pass through
open deck alleyways only, shall be properly encased, and in the case of supply pipes,
they shall be
(a) constructed of solid drawn steel or equivalent material;
(b) of a scantling sufficient to withstand the maximum pressure from the
ship’s boiler system;
(c) connected by faced flanges properly jointed; and
(d) fitted with adequate drainage arrangements.
4.3. Steam pipes and hot water pipes leading to radiators in or serving the crew
accommodation shall be properly protected or encased.
4.4. Hawse pipes shall not be situated in the crew accommodation.
4.5. Chain pipes and ventilators to cargo spaces shall, where they pass through
the crew accommodation, be watertight and gastight.
4.6. Hot water pipes shall be insulated where necessary for the conservation of
heat or to ensure the safety of the crew.
5. Batteries
5.1. Batteries shall not be located in the crew accommodation, and precautions
shall be taken to ensure that fumes from batteries do not discharge into any part of
the crew accommodation.
6. Floors
6.1. Decks that form the floors in the crew accommodation shall be properly
constructed and shall be covered with a material that
(a) is impervious to water;
(b) is capable of being easily kept clean; and
(c) provides a good foothold.
6.2. Where a composition or other like material is used to cover a metal deck, the
material shall be properly laid and the joins where the floor meets the walls shall be
rounded in such a way as to avoid crevices.
6.3. Floors of wash places, bathrooms, shower recesses, laundries and other
compartments where water is used shall be
(a) covered with rubber-based or other impervious material; and
(b) fitted with a coving around the perimeter of the compartment.
6.4. The floor of a galley shall be covered with a rubber-based or other
impervious material.
6.5. The floor of a galley shall be provided with efficient scuppers.
7. Drainage
7.1. Efficient drainage shall be provided for the crew accommodation.
There shall be no drainage from any source into wash places or sanitary
accommodation forming part of the crew accommodation, which shall be drained
separately and independently of other space.
8. Surface finishes
8.1. The interior sides and ceilings of the crew accommodation shall be covered
with enamel, paint or other suitable material, of good quality and white or light in
colour.
8.2. Paint, varnishes and other surface materials containing nitro-cellulose shall
not be used.
8.3. All paint, varnish or other finishes in the crew accommodation shall be
capable of being easily kept clean and shall be maintained in good condition.
9. Ventilation system
9.1. Every enclosed space in the crew accommodation, except a cold store room,
shall be provided with a ventilation system capable of maintaining the air in that
space in a sufficiently pure condition for the health and comfort of the crew in all
conditions of weather and climate which the ship is likely to encounter during the
voyages on which she is intended to be engaged, and capable of being controlled as
necessary for that purpose.
9.2. Without prejudice to the generality of paragraph 9.1, in all ships except
those of under 500 gross tonnage, every enclosed space in the crew accommodation
except a cold store room, shall, if it is not ventilated by an air conditioning system,
be provided with a mechanical ventilation system capable of ensuring rates of air
changes sufficient for the type of accommodation for which it is provided.
9.3. Ships regularly engaged on voyages in the tropics and the Persian Gulf shall,
if not ventilated by an air conditioning system, be provided with both mechanical
means of ventilation and electric fans
Provided that one only of these means need be adopted in spaces where this
ensures satisfactory ventilation.
9.4. A supply of power adequate to operate a mechanical ventilation system or, if
it is provided, an air conditioning system shall be provided. Any such system fitted
shall be in operation at all times when any members of the crew are on board and the
circumstances are such that ventilation by means of such system is required.
9.5. In every ship, every enclosed space in the crew accommodation which is not
ventilated either by an air conditioning system or by a mechanical ventilation system
shall be provided with a natural system of inlet and exhaust ventilation suitable to its
purpose.
10. Heating system
10.1. Except in the case of ships engaged exclusively in the tropics and the
Persian Gulf, the crew accommodation of all the ships shall be provided with a
heating system which shall
(a) be permanently installed; and
(b) whose capacity shall be sufficient to maintain a room temperature of at
least 20°C in all circumstances.
10.2. The heating system may be operated by steam, hot water or electricity or
may be a system supplying warm air.
10.3. The heating system shall be so constructed, installed and, if necessary,
shielded as to avoid the risk of fire and not to constitute a source of danger or
discomfort to the crew.
10.4. The heating system shall be in operation at all times when any members of
the crew are living or working on board the ship and conditions require its use.
11. Lighting system
11.1. Crew accommodation shall be properly lit.
11.2. Sleeping rooms, living rooms, mess rooms and hospitals shall be lit by
natural light. The supply of natural light shall be sufficient to read ordinary
newsprint in clear weather anywhere in the room where persons may normally be. In
passenger ships, special arrangements may, however, be permitted.
11.3. An efficient system of electric lighting shall be provided capable of
supplying adequate lighting to all parts of the crew accommodation.
11.4. Electric lights shall be so arranged as to give the maximum benefit to the
crew.
11.5. The head of each berth shall be fitted with an electric light that is capable of
supplying sufficient light to enable a person of normal vision to read in the berth.
11.6. If two sources of electricity are not installed independent of each other,
reserve lighting shall be provided for use in case of emergency. Such emergency
lighting may, for example, consist of permanently installed electric battery lamps
that are recharged when the main current is on or a similar system.
11.7. The following guidelines are laid down as to the luminous power that shall
be considered suitable for artificial lighting
(a) sleeping rooms and day rooms
(i) general lighting
50 lux
(ii) lighting at tables where reading and
writing take place
150 lux
(b) mess rooms
(i) general lighting
50 lux
(ii) lighting on dining tables
150 lux
(c) sanitary accommodation
(i) general lighting
50 lux
(ii) at mirrors
200 lux
(d) corridors and staircases
general lighting
50 lux
(e) hospital accommodation
(i) general lighting
50 lux
(ii) at any wash basin
100 lux
11.8. The general lighting is measured at a horizontal plane of 850 millimetres
above floor level.
12. Sleeping rooms
12.1. Unless the circumstances are such that no members of the crew are required
to sleep on board, sleeping rooms shall be provided for the crew.
12.2. The clear headroom in sleeping rooms shall be at least 1.90 metres.
12.3. Whenever reasonable and practicable, having regard to the size of the ship
and the activity on which it is to be engaged, there shall be a sufficient number of
sleeping rooms to provide a separate room or rooms for each department.
12.4. A separate sleeping room shall be provided for the master and each officer
and, whenever reasonable and practicable, having regard to the size of the ship, the
activity on which it is to be engaged and its layout, for each person over the age of
18 years.
12.5. The number of persons accommodated in the same sleeping room shall not
exceed four persons.
12.6. When more than one person is accommodated in the same sleeping room, as
far as practicable, they shall be members of the same watch.
12.7. The minimum floor area that shall be provided for each person in a sleeping
room is
(a) in the case of a ship of less than 800 gross tonnage, 1.85 square metres;
(b) in the case of a ship of 800 gross tonnage or more but less than 3000
gross tonnage, 2.35 square metres; and
(c) in the case of a ship of 3000 gross tonnage or more, 2.78 square metres.
12.8. In the case of ships in which are employed such groups of ratings as
necessitate the employment of a substantially larger member of ratings than would
otherwise be employed, the Registrar-General may, in respect of such groups, reduce
the minimum floor area of sleeping rooms per person, provided that
(a) the total sleeping space allotted to the group or groups is not less than
would have been allotted had the numbers not been so increased; and
(b) the minimum floor area of sleeping rooms is not less than
(i)
1.67 square metres per person in the case of a ship of less than
3000 gross tonnage;
(ii) 1.85 square metres per person in the case of a ship of 3000 gross
tonnage or more.
12.9. In paragraphs 12.6 and 12.7, the measurement of floor area is to
(a) include floor space occupied by berths, lockers, seats and chests of
drawers; and
(b) exclude small or irregularly shaped floor spaces that cannot be used for
installing furniture and that do not contribute to the space available for
free movement.
12.10. Sleeping rooms shall be so planned as to ensure reasonable comfort for the
occupants and to facilitate tidiness.
12.11. The maximum number of persons that may be accommodated in a sleeping
room shall be indelibly and legibly marked in that room.
13. Sleeping berths
13.1. Each sleeping room shall be fitted with a separate berth for each person to
be accommodated in the room.
13.2. The framework of each berth shall be constructed of metal or other material
that is hard and smooth and unlikely to become corroded or harbour vermin.
13.3. If a berth is constructed with tubular frames, the frames shall be completely
sealed and without perforations.
13.4. Where a sleeping room has more than one berth
(a) no two berths may be placed so that access to one can only be obtained
over the other;
(b) berths shall not be arranged in tiers of more than two;
(c) a berth adjacent to a ship’s side and with a sidelight situated above the
berth shall be in a single tier; and
(d) an upper berth is to be placed approximately midway between the
bottom of the lower berth and the lower side of the deckhead beams.
13.5. The bottom of a berth shall not be less than 300 millimetres from the floor of
the room.
13.6. A berth shall be at least 190 centimetres long and at least 68 centimetres
wide, the measurements being taken inside the lee-boards or lee-rails, if any, and at
right angles to each other.
13.7. Each berth shall be fitted with
(a) a spring bottom or other bottom suitable for use with a mattress; and
(b) a mattress made of material that will resist damp and is unlikely to
harbour vermin.
13.8. Where berths are arranged in a double tier, a bottom of dust-proof material
shall be fitted to the underside of the upper berth.
13.9. Lee-boards fitted to berths shall be constructed of hardwood or other
suitable material and shall be so made as to be unlikely to harbour vermin.
13.10. Curtains shall be fitted to berths if there is more than one berth in the room.
14. Furniture and fittings
14.1. Each sleeping room shall be provided with the following minimum furniture
and fittings
(a) a clothes locker or wardrobe which shall be at least 1.52 metres high
with a cross section area of at least 12.30 square decimetres and fitted
with a shelf and a loop for a padlock;
(b) a drawer or equivalent space of at least 0.056 cubic metres for each
occupant of the room;
(c) a table or desk, which may be of the fixed, drop-leaf or slide-out type,
and with comfortable seating accommodation as necessary;
(d) a mirror and a cabinet for toilet requisites;
(e) a book rack;
(f)
one coat hook in addition to any coat hooks which may be fitted in a
locker or wardrobe; and
(g) a curtain or blind fitted to each sidescuttle.
14.2. All furniture shall be of smooth, hard material not liable to warp or corrode
and shall be so made as to be unlikely to harbour vermin.
15. Mess rooms
15.1. Unless the circumstances are such that no members of the crew are required
to mess on board, mess rooms shall be provided for the crew.
15.2. Mess rooms shall be separate from sleeping rooms and as close as
practicable to the galley
Provided that in ships of less than 300 gross tonnage, the galley may be used
as a mess room
Provided further that in ships of less than 300 gross tonnage, if not
combined with a galley, mess rooms may be combined with sleeping accommodation
if it is impracticable to provide a separate mess room.
15.3. Unless otherwise provided in the agreement with the crew, in ships of 500
gross tonnage or more, mess rooms provided for the master and officers shall be
separate from those provided for ratings.
15.4. Unless otherwise provided in the agreement with the crew, in ships of 5000
gross tonnage or more, whenever it is reasonable and practicable, consideration shall
be given to provide a separate mess room for the catering and serving staff if their
number exceeds five persons.
15.5. The dimensions and equipment of each mess room shall be sufficient for the
number of persons likely to use them at any one time.
15.6. Mess rooms shall be equipped with tables and approved seats, fixed or
movable, sufficient for the number of persons likely to use them at any one time.
15.7. The Registrar-General may permit such exceptions to the provisions of
paragraphs 15.3 to 15.6 (both included) as may be necessary to meet the special
conditions in passenger ships.
15.8. Where available pantries are not accessible to mess rooms, adequate lockers
for mess utensils and proper facilities for washing utensils shall be provided.
15.9. The surfaces of tables and seats shall be easy to clean and resistant to cracks
and damp.
16. Recreation rooms
16.1. In ships of 300 gross tonnage or more, one or more places shall be provided
on an open deck to which the crew have access when off duty. Such space/s shall be
of a suitable size taking into consideration the size and arrangement of the crew and
the ship.
16.2. In ships of 300 gross tonnage or more, recreation rooms, conveniently
situated and appropriately furnished, shall be provided for officers and ratings.
Where such rooms are not provided separately from the mess rooms, the latter shall
be planned, sized, furnished and equipped to give recreational facilities.
17. Sanitary and laundry arrangement
17.1. Sufficient sanitary accommodation, including wash basins and baths and/or
showers, shall be provided in all ships.
17.2. Separate sanitary accommodation shall be provided for males and females.
17.3. The following minimum number of separate water closets shall be provided
(a) in ships of less than 800 gross tonnage: three;
(b) in ships of 800 gross tonnage or more but less than 3000 gross tonnage
four;
(c) in ships of 3000 gross tonnage or more: six; and
(d) in ships where the radio officers or operators are accommodated in an
isolated position, sanitary facilities near or adjacent thereto shall be
provided.
17.4. Sanitary facilities for all members of the crew who do not occupy rooms to
which private facilities are attached shall be provided for each group of the crew on
the following scale
(a) one bath and/or shower for every eight persons or less;
(b) one water closet for every eight persons or less;
(c) one wash basin for every six persons or less.
17.5. When the total number of the crew exceeds 100 and in passenger ships
normally engaged on voyages of not more than four hours duration, the Registrar-
General may authorise special arrangements or a reduction in the number of
facilities required.
17.6. An adequate supply of cold and hot fresh water shall be laid on to each wash
basin, bath and shower.
17.7. Washbasins and baths/showers shall be of adequate size, constructed of
approved material with a smooth surface not liable to crack, flake or corrode and
fitted with an efficient and hygienic discharge system.
17.8. All water closets shall have ventilation to the open air, independently of any
other part of the accommodation.
17.9. All water closets shall be of an approved pattern and provided with
(a) an adequate flush of water, which must be always available through
self-closing non-concussive supply valves;
(b) a connection to a vacuum discharge pipe system or a soil pipe of not less
than 100 millimetres in diameter so constructed as to facilitate cleaning
and minimise the risk of obstruction; and
(c) a device for holding toilet paper.
17.10. Water closets shall be situated convenient to, but separate from, sleeping
rooms and wash rooms, without direct access from the sleeping rooms or from a
passage between sleeping rooms and water closets to which there is not other access
Provided that this requirement shall not apply where a water closet is
located in a compartment between two sleeping rooms having a total of not more
than four persons.
17.11. Where there is more than one water closet in a compartment, they shall be
sufficiently screened to ensure privacy.
17.12. All soil pipes and waste pipes shall be of adequate dimensions and shall be
fitted in a manner that will facilitate cleaning and minimise the risk of obstruction.
17.13. In all ships facilities for washing, drying and ironing clothes shall be
provided on a scale appropriate to the size of the crew and the normal duration of the
voyage.
17.14. The facilities for washing clothes shall include suitable sinks which may be
installed in wash rooms if provision of a separate laundry facility is not reasonable
and practicable with an adequate supply of cold and hot fresh water or means of
heating water.
17.15. The facilities for drying clothes shall be provided in a compartment
separate from sleeping rooms and mess rooms, adequately ventilated and heated and
equipped with lines or other fittings for hanging clothes.
18. Oilskin lockers
18.1. Adequately ventilated lockers or compartments for use solely for hanging
oilskins and other working clothes shall be provided in a place outside but
conveniently near to the sleeping rooms.
19. Offices
19.1. In ships of 3000 gross tonnage or more, two separate appropriately furnished
rooms shall be provided for use as offices for the crew in the deck and engine
departments respectively.
20. Galleys
20.1. Except in ships in which no member of the crew will be required to mess on
board, a galley for the preparation of food for the crew shall be provided.
20.2. The galley shall be situated as near as practicable to the mess rooms
provided for the crew.
20.3. The galley shall be provided with all equipment necessary to enable food in
sufficient quantity to be properly and readily prepared for all persons whom the
galley is intended to serve and served hot to them in the mess room in all weathers.
20.4. All fixed equipment shall be so arranged that it, and all spaces round and
behind it, can easily be kept clean.
20.5. The galley shall be provided with facilities for washing up. Hot, fresh water
and cold drinking water shall be laid on to any sink or other washing up facility in a
galley.
20.6. No salt water tap shall be fitted in the galley nor in any place at which food
may be prepared.
20.7. A supply of water connected to a tap or other suitable connection shall be
provided in each galley to facilitate washing down the floor.
20.8. All furniture and fittings in the galley shall be made of a material which is
impervious to dirt and moisture and all metal parts of furniture and fittings shall be
rustproof. The bottoms of all fitted furniture shall be either flush with the deck or
fitted high enough to enable the deck space beneath to be easily kept clean.
20.9. The ventilation in the galley shall be so arranged as to ensure an adequate
supply of fresh air and the efficient discharge of fumes into the open air.
21. Dry provision store rooms
21.1. Dry provision store rooms used exclusively for the storage of dry provisions
for the crew shall be provided and shall have sufficient capacity having regard to
(a) the maximum period likely to elapse between successive replenishments
of stores, and
(b) the maximum number of the crew to be carried.
21.2. Dry provision store rooms shall be so situated, constructed and ventilated as
to avoid deterioration of the stores through heat, draught, condensation or infestation
by insects or vermin.
21.3. A dry provision store shall not be
(a) situated close to a space in which heat is generated, unless it is
adequately insulated against heat; or
(b) used for the storage of bedding or textiles.
22. Cold storage rooms and refrigerating equipment
22.1. Refrigerating equipment and cold storage rooms shall be provided and be
adequate for the storage of perishable provisions for the crew having regard to the
period likely to elapse between successive replenishment of stores. In ships of less
than 500 gross tonnage, there shall be provided either cold storage rooms or
adequate alternative cold storage facilities.
Appendix II
(Ships the keel of which is laid or which is at a similar stage of construction on or
after 10 January 2003)
1. General requirements
1.1. Crew accommodation (except store rooms) shall
whenever practicable be situated amidships or aft, but in no case
shall any part of the crew accommodation (except store rooms) be
situated forward of the collision bulkhead;
be situated above the Summer Load Line (if any) marked on the ship
in accordance with the provisions of rules made under article 251 of
the Act
Provided that in the case of a passenger ship the crew
accommodation may, on condition that satisfactory arrangements are
made for lighting and ventilation of sleeping rooms, be situated
below the Summer Load Line, but in no case immediately beneath
working alleyways; and
be arranged and constructed, and situated in such a position, as to
ensure
(a)
the protection of the crew against injury to the greatest
practicable extent;
(b)
the protection of the crew accommodation against the weather
and the sea;
(c)
the insulation of the crew accommodation from heat and cold;
(d)
the protection of the crew accommodation against moisture due
to condensation;
(e)
the exclusion from the crew accommodation of effluvia
originating in other spaces in the ship;
(f)
the exclusion from the crew accommodation, to the greatest
practicable extent, of noise originating in other spaces in the
ship; and
(g)
the prevention of the harbouring of vermin.
1.2. Where the crew accommodation of a ship is not normally air-conditioned,
the crew accommodation shall
1.2.1.
if the ship regularly trades to mosquito-infested ports, be provided
with appropriate protection devices as required by the competent
authority; and
1.2.2.
if the ship regularly trades to or in the tropics or the Persian Gulf, be
fitted with suitable awnings.
1.3. Crew accommodation shall be accessible at all times from the open deck. An
opening from an open deck into the crew accommodation shall be protected against
the weather and the sea.
1.4. All parts of the crew accommodation, except cold store rooms, shall have a
clear headroom of at least 1.98 metres at every point where full and free movement
is necessary, but a reduction in the headroom in any space or part of a space in such
accommodation may be permitted if it is reasonable to do so and such a reduction
will not result in discomfort to the crew.
2. Bulkheads
2.1. Bulkheads separating a part of the crew accommodation (other than a
recreation deck space) from a space used as -
(a) a bunker;
(b) a cargo or machinery space;
(c) a lamp room or paint room;
(d) a store room not forming part of the crew accommodation (other than a
dry provision store room);
(e) a chain locker; or
(f)
a cofferdam,
shall be so constructed as to be gastight and, where necessary to protect the crew
accommodation, watertight.
2.2. A bulkhead that separates a part of the crew accommodation from a dry
provision store room (whether or not that store room forms part of the crew
accommodation) shall be gastight.
2.3. A bulkhead that separates a part of the crew accommodation from sanitary
accommodation, a laundry, a drying room, a galley or a cold store room (whether or
not they form part of the crew accommodation) shall be gastight, and shall be
watertight to such height as is necessary to prevent the passage of water into the
adjoining space.
2.4. A bulkhead that separates sanitary accommodation from another part of the
crew accommodation shall, except in a doorway, be watertight to a height of not less
than 230 millimetres above the floor of the sanitary accommodation.
2.5. Paragraphs 2.3 and 2.4 do not apply to bulkheads that separate
(a) sanitary accommodation from other sanitary accommodation;
(b) a laundry or drying room from another laundry or drying room;
(c) a galley from another galley or from a pantry;
(d) a cold store room from another cold store room; or
(e) en suite sanitary accommodation from its associated sleeping room or
rooms.
2.6. Inside paneling in the crew accommodation shall be constructed of material
with a surface that can easily be kept clean.
2.7. Bulkheads or paneling shall not be constructed of material likely to harbour
vermin.
2.8. Bulkheads enclosing rooms used as sleeping rooms, mess rooms or
recreation rooms shall be lined on the side of those bulkheads with those rooms.
3. Openings
3.1. There shall not be a direct opening between the crew accommodation (other
than recreation deck spaces) and spaces used as
(a) a bunker;
(b) cargo or machinery spaces;
(c) lamp rooms or paint rooms;
(d) store rooms not forming part of the crew accommodation;
(e) chain lockers; or
(f)
cofferdams.
3.2. Except in the case of en suite sanitary accommodation, there shall not be a
direct opening between the crew accommodation (other than recreation deck spaces
or passageways) and any sanitary accommodation, laundry or drying room (whether
or not that sanitary accommodation, laundry or drying room forms part of the crew
accommodation).
3.3. Paragraph 3.2 does not prohibit a direct opening between spaces forming
part of the sanitary accommodation or between spaces appropriated for use as
laundries or drying rooms.
3.4. There shall not be a direct opening between a sleeping room and a galley.
4. Pipes
4.1. Except where no other arrangement is reasonably practicable, steam supply
and exhaust pipes to machinery shall not pass through the crew accommodation.
4.2. Where such pipes pass through the crew accommodation, they pass through
open deck alleyways only, shall be properly encased, and in the case of supply pipes,
they shall be
(a) constructed of solid drawn steel or equivalent material;
(b) of a scantling sufficient to withstand the maximum pressure from the
ship’s boiler system;
(c) connected by faced flanges properly jointed; and
(d) fitted with adequate drainage arrangements.
4.3. Steam pipes and hot water pipes leading to radiators in or serving the crew
accommodation shall be properly protected or encased.
4.4. Hawse pipes shall not be situated in the crew accommodation.
4.5. Chain pipes and ventilators to cargo spaces shall, where they pass through
the crew accommodation, be watertight and gastight.
4.6. Hot water pipes shall be insulated where necessary for the conservation of
heat or to ensure the safety of the crew.
5. Batteries
5.1. Batteries shall not be located in the crew accommodation, and precautions
shall be taken to ensure that fumes from batteries do not discharge into any part of
the crew accommodation.
6. Floors
6.1. Decks that form the floors in the crew accommodation shall be properly
constructed and shall be covered with a material that
(a) is impervious to water;
(b) is capable of being easily kept clean; and
(c) provides a good foothold.
6.2. Where a composition or other like material is used to cover a metal deck, the
material shall be properly laid and the joins where the floor meets the walls shall be
rounded in such a way as to avoid crevices.
6.3. Floors of wash places, bathrooms, shower recesses, laundries and other
compartments where water is used shall be
(a) covered with rubber-based of other impervious material; and
(b) fitted with a coving around the perimeter of the compartment.
6.4. The floor of a galley shall be covered with a rubber-based or other
impervious material.
6.5. The floor of a galley shall be provided with efficient scuppers.
7. Drainage
7.1. Efficient drainage shall be provided for the crew accommodation.
7.2. There shall be no drainage from any source into wash places or sanitary
accommodation forming part of the crew accommodation, which shall be drained
separately and independently of other spaces.
8. Surface finishes
8.1. The interior sides and ceilings of the crew accommodation shall be covered
with enamel, paint or other suitable material, of good quality and white or light in
colour.
8.2. Paint, varnishes and other surface materials containing nitro-cellulose shall
not be used.
8.3. All paint, varnish or other finishes in the crew accommodation shall be
capable of being easily kept clean and shall be maintained in good condition.
9. Ventilation system
9.1. Every enclosed space in the crew accommodation, except a cold store room,
shall be provided with a ventilation system capable of maintaining the air in that
space in a sufficiently pure condition for the health and comfort of the crew in all
conditions of weather and climate which the ship is likely to encounter during the
voyages on which she is intended to be engaged, and capable of being controlled as
necessary for that purpose.
9.2. Without prejudice to the generality of paragraph 9.1, in all ships except
those of under 500 gross tonnage, every enclosed space in the crew accommodation
except a cold store room, shall, if it is not ventilated by an air conditioning system,
be provided with a mechanical ventilation system capable of ensuring rates of air
changes sufficient for the type of accommodation for which it is provided.
9.3. Ships regularly engaged on voyages in the tropics and the Persian Gulf shall
be provided with an air conditioning system.
9.4. Wherever an air conditioning system is provided, it shall be designed
(a) to maintain the air at a satisfactory temperature and relative humidity as
compared with outside air conditions, and to ensure a sufficiency of air
changes in all air-conditioned spaces; and
(b) to take account of the particular characteristics of operations at sea and
not produce objectionable noises and vibrations.
9.5. In ships provided with an air conditioning system, sanitary accommodation,
laundries, drying rooms, changing rooms and pantries shall be provided with
mechanical exhaust ventilation capable of ensuring rates of air changes sufficient for
the type of accommodation for which it is provided.
9.6. A supply of power adequate to operate a mechanical ventilation system or, if
it is provided, an air conditioning system shall be provided. Any such system fitted
shall be in operation at all times when any members of the crew are on board and the
circumstances are such that ventilation by means of such system is required.
9.7. In every ship, every enclosed space in the crew accommodation which is not
ventilated either by an air conditioning system or by a mechanical ventilation system
shall be provided with a natural system of inlet and exhaust ventilation suitable to its
purpose.
10. Heating system
10.1. Except in the case of ships engaged exclusively in the tropics and the
Persian Gulf, the crew accommodation of all the ships shall be provided with a
heating system which shall
(a) be permanently installed; and
(b) whose capacity shall be sufficient to maintain a room temperature of at
least 20°C in all circumstances.
10.2. The heating system may be operated by steam, hot water or electricity or
may be a system supplying warm air.
10.3. The heating system shall be so constructed, installed and, if necessary,
shielded as to avoid the risk of fire and not to constitute a source of danger or
discomfort to the crew.
10.4. The heating system shall be in operation at all times when any members of
the crew are living or working on board the ship and conditions require its use.
11. Lighting system
11.1. Crew accommodation shall be properly lit.
11.2. Sleeping rooms, living rooms, mess rooms and hospitals shall be lit by
natural light. The supply of natural light shall be sufficient to read ordinary
newsprint in clear weather anywhere in the room where persons may normally be. In
passenger ships, special arrangements may, however, be permitted.
11.3. An efficient system of electric lighting shall be provided capable of
supplying adequate lighting to all parts of the crew accommodation.
11.4. Electric lights shall be so arranged as to give the maximum benefit to the
crew.
11.5. The head of each berth shall be fitted with an electric light that is capable of
supplying sufficient light to enable a person of normal vision to read in the berth.
11.6. If two sources of electricity are not installed independent of each other,
reserve lighting shall be provided for use in case of emergency. Such emergency
lighting may, for example, consist of permanently installed electric battery lamps
that are recharged when the main current is on a similar system.
11.7. The following guidelines are laid down as to the luminous power that shall
be considered suitable for artificial lighting
(a) sleeping rooms and day rooms
(i) general lighting
50 lux
(ii) lighting at tables where reading and
writing take place
150 lux
(b) mess rooms
(i) general lighting
50 lux
(ii) lighting on dining tables
150 lux
(c) sanitary accommodation
(i) general lighting
50 lux
(ii) at mirrors
200 lux
(d) corridors and staircases
general lighting
50 lux
(e) hospital accommodation
(i) general lighting
50 lux
(ii) at any wash basin
100 lux
11.8. The general lighting is measured at a horizontal plane of 850 millimetres
above floor level.
12. Sleeping rooms
12.1. Unless the circumstances are such that no members of the crew are required
to sleep on board, sleeping rooms shall be provided for the crew.
12.2. Whenever reasonable and practicable, having regard to the size of the ship
and the activity on which it is to be engaged, there shall be a sufficient number of
sleeping rooms to provide a separate room or rooms for each department.
12.3. A separate sleeping room shall be provided for the master and each officer
and, whenever reasonable and practicable, having regard to the size of the ship, the
activity on which it is to be engaged and its layout, for each person over the age of
18 years.
12.4. In ships other than passenger ships, the number of persons accommodated in
the same sleeping room shall not exceed two persons, and in the case of passenger
ships shall not exceed four persons.
12.5. When more than one person is accommodated in the same sleeping room, as
far as practicable, they shall be members of the same watch.
12.6. In ships other than passenger ships the minimum floor area that shall be
provided for each person in a sleeping room accommodating one person is
(a) in the case of a ship of less than 800 gross tonnage, 1.85 square metres;
(b) in the case of a ship of 800 gross tonnage or more but less than 1000
gross tonnage, 2.35 square metres;
(c) in the case of a ship of 1000 gross tonnage or more but less than 3000
gross tonnage, 3.75 square metres;
(d) in the case of a ship of 3000 gross tonnage or more but less than 10000
gross tonnage, 4.25 square metres; and
(e) in the case of a ship of 10000 gross tonnage or more, 4.75 square
metres.
12.7. In ships other than passenger ships the minimum floor area that shall be
provided for each person in a sleeping room accommodating two persons is
(a) in the case of a ship of less than 3000 gross tonnage, 2.75 square
metres;
(b) in the case of a ship of 3000 gross tonnage or more but less than 10000
gross tonnage, 3.25 square metres; and
(c) in the case of a ship of 10000 gross tonnage or more, 3.75 square
metres.
12.8. In passenger ships the minimum floor area that shall be provided for each
person in a sleeping room accommodating one person is
(a) in the case of a ship of less than 800 gross tonnage, 1.85 square metres;
(b) in the case of a ship of 800 gross tonnage or more but less than 3000
gross tonnage, 2.35 square metres; and
(c) in the case of a ship of 3000 gross tonnage or more, 3.75 square metres.
12.9. In passenger ships the minimum floor area that shall be provided for each
person in a sleeping room accommodating two, three or four persons is
(a) in the case of a ship of less than 3000 gross tonnage, 2.35 square metres;
(b) in the case of a ship of 3000 gross tonnage or more, 3.00 square metres.
12.10. Where a separate sitting room or day room is not appropriated for the
exclusive use of an officer, the minimum floor area of the sleeping room of that
officer shall be 6.50 square metres in the case of a ship of less than 3000 gross
tonnage and 7.50 square metres in the case of a ship of 3000 gross tonnage or more.
12.11. In the case of ships in which are employed such groups of ratings as
necessitate the employment of a substantially larger member of ratings than would
otherwise be employed, the Registrar-General may, in respect of such groups, reduce
the minimum floor area of sleeping rooms per person, provided that
(a) the total sleeping space allotted to the group or groups is not less than
would have been allotted had the numbers not been so increased; and
(b) the minimum floor area of sleeping rooms is not less than
(i)
1.67 square metres per person in the case of a ship of less than
3000 gross tonnage;
(ii) 1.85 square metres per person in the case of a ship of 3000 gross
tonnage or more.
12.12. In paragraphs 12.6 to 12.11 (both included), the measurement of floor area
(a) include floor space occupied by berths, lockers, seats and chests of
drawers; and
(b) exclude small or irregularly shaped floor spaces that cannot be used for
installing furniture and that do not contribute to the space available for
free movement.
12.13. Where practicable, in the case of a ship of 3000 gross tonnage or more, a
sitting room or a day room adjoining their sleeping room shall be provided for the
Chief Mate and the Chief Engineer.
12.14. Sleeping rooms shall be so planned as to ensure reasonable comfort for the
occupants and to facilitate tidiness.
12.15. The maximum number of persons that may be accommodated in a sleeping
room shall be indelibly and legibly marked in that room.
13. Sleeping berths
13.1. Each sleeping room shall be fitted with a separate berth for each person to
be accommodated in the room.
13.2. The framework of each berth shall be constructed of metal or other material
that is hard and smooth and unlikely to become corroded or harbour vermin.
13.3. If a berth is constructed with tubular frames, the frames shall be completely
sealed and without perforations.
13.4. Where a sleeping room has more than one berth
(a) no two berths may be placed so that access to one can only be obtained
over the other;
(b) berths shall not be arranged in tiers of more than two;
(c) a berth adjacent to a ship’s side and with a sidelight situated above the
berth shall be in a single tier; and
(d) an upper berth is to be placed approximately midway between the
bottom of the lower berth and the lower side of the deckhead beams.
13.5. The bottom of a berth shall not be less than 300 millimetres from the floor of
the room.
13.6. A berth shall be at least 198 centimetres long and at least 80 centimetres
wide, the measurements being taken inside the lee-boards or lee-rails, if any, and at
right angles to each other.
13.7. Each berth shall be fitted with
(a) a spring bottom or other bottom suitable for use with a mattress; and
(b) a mattress made of material that will resist damp and is unlikely to
harbour vermin.
13.8. Where berths are arranged in a double tier, a bottom of dust-proof material
shall be fitted to the underside of the upper berth.
13.9. Lee-boards fitted to berths shall be constructed of hardwood or other
suitable material and shall be so made as to be unlikely to harbour vermin.
13.10. Curtains shall be fitted to berths if there is more than one berth in the room.
14. Furniture and fittings
14.1. Each sleeping room shall be provided with the following minimum furniture
and fittings
(a) a clothes locker or wardrobe which shall be at least 1.52 metres high
with a cross section area of at least 12.30 square decimetres and fitted
with a shelf and a loop for a padlock;
(b) a drawer or equivalent space of at least 0.056 cubic metres for each
occupant of the room;
(c) a table or desk, which may be of the fixed, drop-leaf or slide-out type,
and with comfortable seating accommodation as necessary;
(d) a mirror and a cabinet for toilet requisites;
(e) a book rack;
(f)
one coat hook in addition to any coat hooks which may be fitted in a
locker or wardrobe;
(g) a curtain or blind fitted to each sidescuttle; and
(h) in ships of 5000 gross tonnage or more, other than passenger ships, a
wash basin, unless a wash basin is fitted in private facilities provided
for the occupant/s of that sleeping room.
14.2. All furniture shall be of smooth, hard material not liable to warp or corrode
and shall be so made as to be unlikely to harbour vermin.
15. Mess rooms
15.1. Unless the circumstances are such that no members of the crew are required
to mess on board, mess rooms shall be provided for the crew.
15.2. Mess rooms shall be separate from sleeping rooms and as close as
practicable to the galley
Provided that in ships of less than 300 gross tonnage, the galley may be used
as a mess room
Provided further that in ships of less than 300 gross tonnage, if not
combined with a galley, mess rooms may be combined with sleeping accommodation
if it is impracticable to provide a separate mess room.
15.3. Unless otherwise provided in the agreement with the crew, in ships of 500
gross tonnage or more, mess rooms provided for the master and officers shall be
separate from those provided for ratings.
15.4. Unless otherwise provided in the agreement with the crew, in ships of 5000
gross tonnage or more, whenever it is reasonable and practicable, consideration shall
be given to provide a separate mess room for the catering and serving staff if their
number exceeds five persons.
15.5. The floor area of every mess room shall be not less than 1 square metre per
person for as many persons as are likely to use the room at any one time.
15.6. Mess rooms shall be equipped with tables and approved seats, fixed or
movable, sufficient for the number of persons likely to use them at any one time.
15.7. The Registrar-General may permit such exceptions to the provisions of
paragraphs 15.3 to 15.6 (both included) as may be necessary to meet the special
conditions in passenger ships.
15.8. Where available pantries are not accessible to mess rooms, adequate lockers
for mess utensils and proper facilities for washing utensils shall be provided.
15.9. The surfaces of tables and seats shall be easy to clean and resistant to cracks
and damp.
15.10. In ships of 500 gross tonnage or more, there shall at all times be
(a) access to appropriately placed cooling equipment with a capacity
corresponding to the number of persons using the mess rooms;
(b) facilities for getting hot beverages; and
(c) facilities for getting cold drinking water.
16. Recreation rooms
16.1. In ships of 300 gross tonnage or more, one or more places shall be provided
on an open deck to which the crew have access when off duty. Such space/s shall be
of a suitable size taking into consideration the size and arrangement of the crew and
the ship.
16.2. In ships of 300 gross tonnage or more, recreation rooms, conveniently
situated and appropriately furnished shall be provided for officers and ratings. The
furniture in such rooms shall include a bookcase as well as furniture providing the
opportunity to read, write and play games. Where such rooms are not provided
separately from the mess rooms, the latter shall be planned, sized, furnished and
equipped to give recreational facilities.
16.3. In ships of 8000 gross tonnage or more, a smoking room or reading room in
which films or television may be shown and a hobby and games room shall be
provided. Whenever reasonable and practicable, consideration shall be given to
provide a swimming pool.
16.4. In ships of 1000 gross tonnage or more, when planning the mess rooms and
recreation rooms, whenever reasonable and practicable, consideration shall be given
to provide a canteen.
17. Sanitary and laundry arrangement
17.1. Sufficient sanitary accommodation, including washbasins and tub and/or
shower baths, shall be provided in all ships.
17.2. Separate sanitary accommodation shall be provided for males and females.
17.3. In ships of 300 gross tonnage or more, there shall be, for every six persons
or fewer in each of the groups of officers and other crew who do not have their own
private facilities attached to their sleeping rooms, a minimum of one water closet
and one bath and/or shower.
17.4. Without prejudice to the requirements of paragraph 17.3, the following
minimum number of separate water closets, including the separate water closets
required by paragraph 17.10, shall be provided
(a) in ships of less than 800 gross tonnage: three;
(b) in ships of 800 gross tonnage or more but less than 3000 gross tonnage
four;
(c) in ships of 3000 gross tonnage or more: six; and
(d) in ships where the radio officers or operators are accommodated in an
isolated position, sanitary facilities near or adjacent thereto shall be
provided.
17.5. In ships of 5000 gross tonnage or more but under 15000 gross tonnage, at
least five officers’ sleeping rooms shall be provided with adjoining private bathroom
facilities fitted with a water closet, bath and/or shower and a wash basin. The wash
basin may be situated in the sleeping room.
17.6. Without prejudice to the requirements of paragraph 17.5, in ships of 10000
gross tonnage or more but less than 15000 gross tonnage, every officer’s sleeping
room which is not provided with adjoining private bathroom shall have an
intercommunicating bathroom similarly fitted.
17.7. In ships of 15000 gross tonnage or more, every officer’s sleeping room shall
be provided with an adjoining private bathroom facilities fitted with a water closet,
bath and/or shower and a wash basin. The wash basin may be situated in the sleeping
room.
17.8. In ships of 25000 gross tonnage or more, other than passenger ships, at least
one bathroom shall be provided to every two members of other crew. The bathroom
shall be located either in an intercommunicating compartment between adjoining
sleeping rooms or opposite the entrance of such rooms and shall be fitted with a
water closet, bath and/or shower and a wash basin.
17.9. When the total number of the crew exceeds 100 and in passenger ships
normally engaged on voyages of not more than four hours duration, the Registrar-
General may authorise special arrangements or a reduction in the number of
facilities required.
17.10. In ships of 1600 gross tonnage or more, there shall be provided
(a) a separate compartment containing a water closet and a wash basin
easily accessible from the navigation bridge for the use of those
working in that area;
(b) a water closet and a wash basin easily accessible from the machinery
space if not fitted near the engine room control centre; and
(c) except in ships in which private sleeping rooms and private or semi-
private bathroom facilities are provided for the use of all engine room
personnel, a wash place fitted with individual clothes lockers as well as
with showers and wash basins sufficient in number having regard to the
number of such personnel, not provided with private sleeping rooms and
private or semi-private bathroom facilities and situated in a place
outside but conveniently close to the machinery space.
17.11. An adequate supply of cold and hot fresh water shall be laid on to each
wash basin, bath and shower.
17.12. Washbasins and baths/showers shall be of adequate size, constructed of
approved material with a smooth surface not liable to crack, flake or corrode and
fitted with an efficient and hygienic discharge system.
17.13. All water closets shall have ventilation to the open air, independently of
any other part of the accommodation.
17.14. All water closets shall be of an approved pattern and provided with
(a) an adequate flush of water, which must be always available through
self-closing non-concussive supply valves;
(b) a connection to a vacuum discharge pipe system or a soil pipe of not less
than 100 millimetres in diameter so constructed as to facilitate cleaning
and minimise the risk of obstruction; and
(c) a device for holding toilet paper.
17.15. Water closets shall be situated convenient to, but separate from, sleeping
rooms and wash rooms, without direct access from the sleeping rooms or from a
passage between sleeping rooms and water closets to which there is no other access
Provided that this requirement shall not apply where a water closet is
located in a compartment between two sleeping rooms having a total of not more
than four persons.
17.16. Where there are more than one water closet in a compartment, they shall be
sufficiently screened to ensure privacy.
17.17. All soil pipes and waste pipes shall be of adequate dimensions and shall be
fitted in a manner that will facilitate cleaning and minimise the risk of obstruction.
17.18. In all ships facilities for washing, drying and ironing clothes shall be
provided on a scale appropriate to the size of the crew and the normal duration of the
voyage. The facilities to be provided shall include
(a) suitable sinks and washing machines, which may be installed in wash
rooms if provision of a separate laundry facility is not reasonably
practicable, with an adequate supply of cold and hot fresh water or
means of heating water;
(b) drying machines or adequately heated and ventilated drying rooms; and
(c) electric irons and ironing boards or their equivalent.
17.19. The facilities for drying clothes shall be provided in a compartment
separate from sleeping rooms and mess rooms, adequately ventilated and heated and
equipped with lines or other fittings for hanging clothes.
18. Oilskin lockers
18.1. Adequately ventilated lockers or compartments for use solely for hanging
oilskins and other working clothes shall be provided in a place outside but
conveniently near to the sleeping rooms.
19. Offices
19.1. In ships of 3000 gross tonnage or more, two separate appropriately furnished
rooms shall be provided for use as offices for the crew in the deck and engine
departments respectively.
20. Galleys
20.1. Except in ships in which no member of the crew will be required to mess on
board, a galley for the preparation of food for the crew shall be provided.
20.2. The galley shall be situated as near as practicable to the mess rooms
provided for the crew.
20.3. The galley shall be provided with all equipment necessary to enable food in
sufficient quantity to be properly and readily prepared for all persons whom the
galley is intended to serve and served hot to them in the mess room in all weathers.
20.4. All fixed equipment shall be so arranged that it, and all spaces round and
behind it, can easily be kept clean.
20.5. The galley shall be provided with facilities for washing up. Hot, fresh water
and cold drinking water shall be laid on to any sink or other washing up facility in a
galley.
20.6. No salt water tap shall be fitted in the galley nor in any place at which food
may be prepared.
20.7. A supply of water connected to a tap or other suitable connection shall be
provided in each galley to facilitate washing down the floor.
20.8. All furniture and fittings in the galley shall be made of a material which is
impervious to dirt and moisture and all metal parts of furniture and fittings shall be
rustproof. The bottoms of all fitted furniture shall be either flush with the deck or
fitted high enough to enable the deck space beneath to be easily kept clean.
20.9. The ventilation in the galley shall be so arranged as to ensure an adequate
supply of fresh air and the efficient discharge of fumes into the open air.
21. Dry provision store rooms
21.1. Dry provision store rooms used exclusively for the storage of dry provisions
for the crew shall be provided and shall have sufficient capacity having regard to
(a) the maximum period likely to elapse between successive replenishments
of stores, and
(b) the maximum number of the crew to be carried.
21.2. Dry provision store rooms shall be so situated, constructed and ventilated as
to avoid deterioration of the stores through heat draught, condensation or infestation
by insects or vermin.
21.3. A dry provision store shall not be
(a) situated close to a space in which heat is generated, unless it is
adequately insulated against heat; or
(b) used for the storage of bedding or textiles.
22. Cold storage rooms and refrigerating equipment
22.1. Refrigerating equipment and cold storage rooms shall be provided and be
adequate for the storage of perishable provisions for the crew having regard to the
period likely to elapse between successive replenishment of stores. In ships of less
than 500 gross tonnage, there shall be provided either cold storage rooms or
adequate alternative cold storage facilities.
The Registrar-General may either on a case by case basis
or through the issue of Merchant Shipping Notices -
(a) determine, lay down, prescribe, set or specify what
may be required to be determined, laid down,
prescribed, set or specified by these rules or by the
Convention, or expound on the requirements of these
rules or of such Convention or clarify their
applicability or interpretation; and
(b) extend any of the provisions of the Convention to
other classes of Maltese ships, or to other classes of
ships when they are in Maltese waters;
and in so doing, and without prejudice to the generality of the
foregoing, the Registrar-General shall be guided by the circulars,
clarifications, codes, decisions, directives, guidelines, instruments,
interpretations, manuals, notices, publications, recommendations,
regulations, resolutions, rules or any other similar medium of the
International Labour Organisation or any other body or
organisation with an appropriate knowledge or competence on the
subject matter.
PART II
EMPLOYMENT
Minimum age
Amended by
L.N. 390 of 2016;
(Rules 90, 92 and 96)
L.N. 26 of 2025.
REQUIREMENTS FOR NEW SHIPS
1. General requirements for accommodation
1.1. (a) There shall be adequate headroom in all seafarer accommodation; the
minimum permitted headroom in all seafarer accommodation where full
and free movement is necessary shall be not less than 203 centimeters;
the competent authority may permit some limited reduction in headroom
in any space, or part of any space, in such accommodation where it is
satisfied that such reduction
(i) is reasonable; and
(ii) will not result in discomfort to the seafarers;
(b) the accommodation shall be adequately insulated;
(c) in ships other than passenger ships, as defined in the International
Convention for the Safety of Life at Sea, 1974, in its up to date version,
(SOLAS Convention), sleeping rooms shall be situated above the load
line amidships or aft, except that in exceptional cases, where the size,
type or intended service of the ship renders any other location
impracticable, sleeping rooms may be located in the fore part of the
ship, but in no case forward of the collision bulkhead;
(d) in passenger ships, and in special ships constructed in compliance with
the IMO Code of Safety for Special Purpose Ships, 1983, in its up to
date version (hereinafer referred to as special purpose ships), the
competent authority may, on condition that satisfactory arrangements
are made for lighting and ventilation, permit the location of sleeping
rooms below the load line, but in no case shall they be located
immediately beneath working alleyways;
(e) there shall be no direct openings into sleeping rooms from cargo and
machinery spaces or from galleys, storerooms, drying rooms or
communal sanitary areas; that part of a bulkhead separating such places
from sleeping rooms and external bulkheads shall be efficiently
constructed of steel or other approved substance and be watertight and
gas-tight;
(f)
the materials used to construct internal bulkheads, panelling and
sheeting, floors and joinings shall be suitable for the purpose and
conducive to ensuring a healthy environment;
(g) proper lighting and sufficient drainage shall be provided; and
(h) accommodation and recreational and catering facilities shall meet the
requirements of the related provisions on health and safety protection
and accident prevention, with respect to preventing the risk of exposure
to hazardous levels of noise and vibration and other ambient factors and
chemicals on board ships, and to provide an acceptable occupational
and on-board living environment for seafarers.
1.2. In the case of ships where there is need to take account, without
discrimination, of the interests of seafarers having differing and distinctive religious
and social practices, the competent authority may, after consultation with the
shipowners’ and the bona fide seafarers’ organisations concerned, permit fairly
applied variations in respect of this Schedule on condition that such variations do not
result in overall facilities less favourable than those which would result from the
application of this Schedule.
1.3. The Registrar-General may, after consultation with the shipowners’ and the
bona fide seafarers’ organisations concerned, exempt ships of less than 200 gross
tonnage where it is reasonable to do so, taking account of the size of the ship and the
number of persons on board in relation to the requirements of the following
provisions of this Schedule
(a) paragraphs 2.2, 6.4 and 8.1; and
(b) paragraphs 4.6 and 4.8 to 4.12 inclusive, with respect to floor area only.
1.4. Any exemptions with respect to the requirements of this Schedule may be
made only where they are expressly permitted in this Schedule and only for
particular circumstances in which such exemptions can be clearly justified on strong
grounds and subject to protecting the seafarers’ health and safety.
2. Ventilation and Heating
2.1. Sleeping rooms and mess rooms shall be adequately ventilated;
2.2. Ships, except those regularly engaged in trade where temperate climatic
conditions do not require this, shall be equipped with air conditioning for seafarer
accommodation, for any separate radio room and for any centralized machinery
control room;
2.3. All sanitary spaces shall have ventilation to the open air, independently of
any other part of the accommodation; and
2.4. Adequate heat through an appropriate heating system shall be provided,
except in ships exclusively on voyages in tropical climates.
3. Lighting
3.1. With respect to requirements for lighting, subject to such special
arrangements as may be permitted in passenger ships, sleeping rooms and mess
rooms shall be lit by natural light and provided with adequate artificial light.
4. Sleeping Accommodation
4.1. In ships other than passenger ships, an individual sleeping room shall be
provided for each seafarer; in the case of ships of less than 3,000 gross tonnage or
special purpose ships, exemptions from this requirement may be granted by the
competent authority after consultation with the shipowners’ and the bona fide
seafarers’ organisations concerned.
4.2. Separate sleeping rooms shall be provided for men and for women.
4.3. Sleeping rooms shall be of adequate size and properly equipped so as to
ensure reasonable comfort and to facilitate tidiness.
4.4. A separate berth for each seafarer shall in all circumstances be provided.
4.5. The minimum inside dimensions of a berth shall be at least 198 centimetres
by 80 centimetres.
4.6. In single berth seafarers' sleeping rooms the floor area shall not be less than
(a) 4.5 square metres in ships of less than 3,000 gross tonnage;
(b) 5.5 square metres in ships of 3,000 gross tonnage or over but less than
10,000 gross tonnage;
(c) 7 square metres in ships of 10,000 gross tonnage or over;
4.7. However, in order to provide single berth sleeping rooms on ships of less
than 3,000 gross tonnage, passenger ships and special purpose ships, the competent
authority may allow a reduced floor area.
4.8. In ships of less than 3,000 gross tonnage other than passenger ships and
special purpose ships, sleeping rooms may be occupied by a maximum of two
seafarers; the floor area of such sleeping rooms shall not be less than 7 square
metres.
4.9. On passenger ships and special purpose ships the floor area of sleeping
rooms for seafarers not performing the duties of ships' officers shall not be less than
(a) 7.5 square metres in rooms accommodating two persons;
(b) 11.5 square metres in rooms accommodating three persons;
(c) 14.5 square metres in rooms accommodating four persons;
4.10. On special purpose ships sleeping rooms may accommodate more than four
persons; the floor area of such sleeping rooms shall not be less than 3.6 square
metres per person;
4.11. On ships other than passenger ships and special purpose ships, sleeping
rooms for seafarers who perform the duties of ships' officers, where no private
sitting room or day room is provided, the floor area per person shall not be less than
(a) 7.5 square metres in ships of less than 3,000 gross tonnage;
(b) 8.5 square metres in ships of 3,000 gross tonnage or over but less than
10,000 gross tonnage;
(c) 10 square metres in ships of 10,000 gross tonnage or over;
4.12. On passenger ships and special purpose ships the floor area for seafarers
performing the duties of ships' officers where no private sitting room or day room is
provided, the floor area per person for junior officers shall not be less than 7.5
square metres and for senior officers not less than 8.5 square metres; junior officers
are understood to be at the operational level, and senior officers at the management
level;
4.13. The master, the chief engineer and the chief navigating officer shall have, in
addition to their sleeping rooms, an adjoining sitting room, day room or equivalent
additional space; ships of less than 3,000 gross tonnage may be exempted by the
competent authority from this requirement after consultation with the shipowners’
and the bona fide seafarers’ organizations concerned;
4.14. For each occupant, the furniture shall include a clothes locker of ample
space (minimum 475 litres) and a drawer or equivalent space of not less than 56
litres; if the drawer is incorporated in the clothes locker then the combined minimum
volume of the clothes locker shall be 500 litres; it shall be fitted with a shelf and be
able to be locked by the occupant so as to ensure privacy;
4.15. Each sleeping room shall be provided with a table or desk, which may be of
the fixed, drop-leaf or slide-out type, and with comfortable seating accommodation
as necessary.
5. Mess Rooms
5.1. Mess rooms shall be located apart from the sleeping rooms and as close as
practicable to the galley; ships of less than 3,000 gross tonnage may be exempted by
the co mpetent authori ty fro m this requirem ent after consultation wi th the
shipowners’ and the bona fide seafarers’ organizations concerned; and
5.2. Mess rooms shall be of adequate size and comfort and properly furnished
and equipped (including ongoing facilities for refreshment), taking account of the
number of seafarers likely to use them at any one time; provision shall be made for
separate or common mess room facilities as appropriate.
6. Sanitary Facilities
6.1. All seafarers shall have convenient access on the ship to sanitary facilities
meeting minimum standards of health and hygiene and reasonable standards of
comfort, with separate sanitary facilities being provided for men and for women;
6.2. There shall be sanitary facilities within easy access of the navigating bridge
and the machinery space or near the engine room control centre; ships of less than
3,000 gross tonnage may be exempted by the competent authority from this
requirement after consultation with the shipowners’ and the bona fide seafarers’
organizations concerned;
6.3. In all ships a minimum of one toilet, one wash basin and one tub or shower
or both for every six persons or less who do not have personal facilities shall be
provided at a convenient location;
6.4. With the exception of passenger ships, each sleeping room shall be provided
with a washbasin having hot and cold running fresh water, except where such a
washbasin is situated in the private bathroom provided;
6.5. In passenger ships normally engaged on voyages of not more than four
hours’ duration, consideration may be given by the competent authority to special
arrangements or to a reduction in the number of facilities required; and
6.6. Hot and cold running fresh water shall be available in all wash places.
7. Hospital Accommodation
7.1. The hospital accommodation shall, in all weathers, be easy of access,
provide comfortable housing for the occupants and be conducive to their receiving
prompt and proper attention.
7.2. The hospital accommodation should be designed so as to facilitate
consultation and the giving of medical first aid and to help prevent the spread of
infectious diseases.
7.3. The arrangement of the entrance, berths, lighting, ventilation, heating and
water supply should be designed to ensure the comfort and facilitate the treatment of
the occupants.
7.4. Sanitary accommodation should be provided for the exclusive use of the
occupants of the hospital accommodation, either as part of the accommodation or in
close proximity thereto. Such sanitary accommodation should comprise a minimum
of one toilet, one washbasin and one tub or shower.
7.5. Every permanent hospital shall be provided with adequate number of berths.
8. Laundry Facilities
8.1. Appropriately situated and furnished laundry facilities shall be available.
9. Recreational Facilities
9.1. All ships shall have a space or spaces on open deck to which the seafarers
can have access when off duty, which are of adequate area having regard to the size
of the ship and the number of seafarers on board.
10. Other Facilities
10.1. All ships shall be provided with separate offices or a common ship’s office
for use by deck and engine departments; ships of less than 3,000 gross tonnage may
be exempted by the competent authority from this requirement after consultation
with the shipowners’ and the bona fide seafarers’ organizations concerned.
10.2. Ships regularly trading to mosquito-infested ports shall be fitted with
appropriate devices as required by the competent authority.
10.3. Appropriate seafarers’ recreational facilities, amenities and services, including
social connectivity, as adapted to meet the special needs of seafarers who are required to
live and work on ships, shall be provided on board for the benefit of all seafarers, taking
into account the related provisions on health and safety protection and accident
prevention.
Appendix I
DESIGN AND CONSTRUCTION
1. External bulkheads of sleeping rooms and mess rooms should be adequately
insulated. All machinery casings and all boundary bulkheads of galleys and other
spaces in which heat is produced should be adequately insulated where there is a
possibility of resulting heat effects in adjoining accommodation or passageways.
Measures should be taken to provide protection from heat effects of steam or hot-
water service pipes or both.
2. Sleeping rooms, mess rooms, recreation rooms and alleyways in the
accommodation space should be adequately insulated to prevent condensation or
overheating.
3. The bulkhead surfaces and deckheads should be of material with a surface
easily kept clean. No form of construction likely to harbour vermin should be used.
4. The bulkhead surfaces and deckheads in sleeping rooms and mess rooms
should be capable of being easily kept clean and light in colour with a durable, non-
toxic finish.
5. The decks in all seafarer accommodation should be of approved material and
construction and should provide a non-slip surface impervious to damp and easily
kept clean.
6. Where the floorings are made of composite materials, the joints with the
sides should be profiled to avoid crevices.
Appendix II
VENTILATION
1. The system of ventilation for sleeping rooms and mess rooms should be
controlled so as to maintain the air in a satisfactory condition and to ensure a
sufficiency of air movement in all conditions of weather and climate.
2. Air-conditioning systems, whether of a centralized or individual unit type,
should be designed to
(a) maintain the air at a satisfactory temperature and relative humidity as
compared to outside air conditions, ensure a sufficiency of air changes
in all air-conditioned spaces, take account of the particular
characteristics of operations at sea and not produce excessive noises or
vibrations; and
(b) facilitate easy cleaning and disinfection to prevent or control the spread
of disease.
3. Power for the operation of the air conditioning and other aids to ventilation
required by the preceding paragraphs of this Schedule should be available at all
times when seafarers are living or working on board and conditions so require.
However, this power need not be provided from an emergency source.
Appendix III
HEATING
1. The system of heating the seafarer accommodation should be in operation at
all times when seafarers are living or working on board and conditions require its
use.
2. In all ships in which a heating system is required, the heating should be by
means of hot water, warm air, electricity, steam or equivalent. However, within the
accommodation area, steam should not be used as a medium for heat transmission.
The heating system should be capable of maintaining the temperature in seafarer
accommodation at a satisfactory level under normal conditions of weather and
climate likely to be met within the trade in which the ship is engaged.
3. Radiators and other heating apparatus should be placed and, where
necessary, shielded so as to avoid risk of fire or danger or discomfort to the
occupants.
Appendix IV
LIGHTING
1. In all ships, electric light should be provided in the seafarer accommodation.
If there are not two independent sources of electricity for lighting, additional
lighting should be provided by properly constructed lamps or lighting apparatus for
emergency use.
2. In sleeping rooms an electric reading lamp should be installed at the head of
each berth.
Appendix V
SLEEPING ROOMS
1. There should be adequate berth arrangements on board, making it as
comfortable as possible for the seafarer and any partner who may accompany the
seafarer.
2. Where the size of the ship, the activity in which it is to be engaged and its
layout make it reasonable and practicable, sleeping rooms should be planned and
equipped with a private bathroom, including a toilet, so as to provide reasonable
comfort for the occupants, facilitate tidiness and promote hygiene.
3. As far as practicable, sleeping rooms of seafarers should be so arranged that
watches are separated and that no seafarers working during the day share a room
with watchkeepers.
4. In the case of seafarers performing the duty of petty officers there should be
no more than two persons per sleeping room.
5. Space occupied by berths and lockers, chests of drawers and seats should be
included in the measurement of the floor area. Small or irregularly shaped spaces
which do not add effectively to the space available for free movement and cannot be
used for installing furniture should be excluded.
6. Berths should not be arranged in tiers of more than two; in the case of berths
placed along the ship's side, there should be only a single tier where a sidelight is
situated above a berth.
7. The lower berth in a double tier should be not less than 30 centimetres above
the floor; the upper berth should be placed approximately midway between the
bottom of the lower berth and the lower side of the deckhead beams.
8. The framework and the lee-board, if any, of a berth should be of approved
material, hard, smooth, and not likely to corrode or to harbour vermin.
9. If tubular frames are used for the construction of berths, they should be
completely sealed and without perforations which would give access to vermin.
10. Each berth should be fitted with a comfortable mattress with cushioning
bottom or a combined cushioning mattress, including a spring bottom or a spring
mattress. The mattress and cushioning material used should be made of approved
material. Stuffing of material likely to harbour vermin should not be used.
11. When one berth is placed over another, a dust-proof bottom should be fitted
beneath the bottom mattress or spring bottom of the upper berth.
12. The furniture should be of smooth, hard material not liable to warp or
corrode.
13. Sleeping rooms should be fitted with curtains or equivalent for the
sidelights.
14. Sleeping rooms should be fitted with a mirror, small cabinets for toilet
requisites, a book rack and a sufficient number of coat hooks.
Appendix VI
MESS ROOMS
1. Where separate mess room facilities are to be provided to seafarers, then
separate mess rooms should be provided for
(a) master and officers; and
(b) petty officers and other seafarers.
2. On ships other than passenger ships, the floor area of mess rooms for
seafarers should be not less than 1.5 square metres per person of the planned seating
capacity.
3. In all ships, mess rooms should be equipped with tables and appropriate
seats, fixed or movable, sufficient to accommodate the greatest number of seafarers
likely to use them at any one time.
4. There should be available at all times when seafarers are on board
(a) refrigerator, which should be conveniently situated and of sufficient
capacity for the number of persons using the mess room or mess rooms;
(b) facilities for hot beverages; and
(c) cool water facilities.
5. Where available pantries are not accessible to mess rooms, adequate lockers
for mess utensils and proper facilities for washing utensils should be provided.
6. The tops of tables and seats should be of damp-resistant material.
Appendix VII
SANITARY ACCOMODATION
1. Washbasins and tub baths should be of adequate size and constructed of
approved material with a smooth surface not liable to crack, flake or corrode.
2. All toilets should be of an approved pattern and provided with an ample
flush of water or with some other suitable flushing means, such as air, which are
available at all times and independently controllable.
3. Sanitary accommodation intended for the use of more than one person
should comply with the following
(a) floors should be of approved durable material, impervious to damp, and
should be properly drained;
(b) bulkheads should be of steel or other approved material and should be
watertight up to at least 23 centimetres above the level of the deck;
(c) the accommodation should be sufficiently lit, heated and ventilated;
(d) toilets should be situated convenient to, but separate from, sleeping
rooms and wash rooms, without direct access from the sleeping rooms
or from a passage between sleeping rooms and toilets to which there is
no other access; this requirement does not apply where a toilet is located
in a compartment between two sleeping rooms having a total of not
more than four seafarers; and
(e) where there is more than one toilet in a compartment, they should be
sufficiently screened to ensure privacy.
4. The laundry facilities provided for seafarers' use should include
(a) washing machines;
(b) drying machines or adequately heated and ventilated drying rooms; and
(c) irons and ironing boards or their equivalent.
Appendix VIII
OTHER FACILITIES
Where separate facilities for engine department personnel to change their clothes
are provided, they should be
(a) located outside the machinery space but with easy access to it; and
(b) fitted with individual clothes lockers as well as with tubs or showers or
both and washbasins having hot and cold running fresh water.
Appendix IX
BEDDING, MESS UTENSILS AND MISCELLENIOUS PROVISIONS
The following principles should be applied
(a) clean bedding and mess utensils should be supplied by the shipowner to
all seafarers for use on board during service on the ship, and such
seafarers should be responsible for their return at times specified by the
master and on completion of service in the ship;
(b) bedding should be of good quality, and plates, cups and other mess
utensils should be of approved material which can be easily cleaned;
and
(c) towels, soap and toilet paper for all seafarers should be provided by the
shipowner.
Appendix X
RECREATIONAL FACILITIES, MAIL AND SHIP VISIT ARRANGEMENTS
1. Recreational facilities and services should be reviewed frequently to ensure
that they are appropriate in the light of changes in the needs of seafarers resulting
from technical, operational and other developments in the shipping industry.
2. Furnishings for recreational facilities should as a minimum include a
bookcase and facilities for reading, writing and, where practicable, games.
3. Where practicable, consideration may be given to including the following
facilities at no cost to the seafarer
(a) a smoking room;
(b) television viewing and the reception of radio broadcasts;
(c) showing of films, the stock of which should be adequate for the duration
of the voyage and, where necessary, changed at reasonable intervals;
(d) sports equipment including exercise equipment, table games and deck
games;
(e) where possible, facilities for swimming;
(f)
a library containing vocational and other books, the stock of which
should be adequate for the duration of the voyage and changed at
reasonable intervals;
(g) facilities for recreational handicrafts;
(h) electronic equipment such as a radio, television, video recorders, DVD/
CD player, personal computer and software and cassette recorder/
player;
(i)
where appropriate, the provision of bars on board for seafarers unless
these are contrary to national, religious or social customs; and
(j)
reasonable access to ship-to-shore telephone communications, where
available, with any charges for the use of these services being reasonable in
amount.
4. Every effort shall be given to ensuring that the forwarding of seafarers' mail
is as reliable and expeditious as possible.
5. Shipowners shall, so far as is reasonably practicable, provide seafarers onboard
their ships with internet access, with charges, if any, being reasonable in amount.
Appendix XI
PREVENTION OF NOISE AND VIBRATION
1. Accommodation and recreational and catering facilities should be located,
as far as practicable, from the engines, steering gear rooms, deck winches,
ventilation, heating and air-conditioning equipment and other noisy machinery and
apparatus.
2. Acoustic insulation or other appropriate sound-absorbing materials should
be used in the construction and finishing of bulkheads, deckheads and decks within
the sound-producing spaces as well as self-closing noise-isolating doors for
machinery spaces.
3. Engine rooms and other machinery spaces should be provided, wherever
practicable, with soundproof centralized control rooms for engine-room personnel.
Working spaces, such as the machine shop, should be insulated, as far as practicable,
from the general engine-room noise and measures should be taken to reduce noise in
the operation of machinery.
4. No accommodation or recreational or catering facilities should be exposed
to excessive vibration.
Subject to the provisions of this rule and notwithstanding
the provisions of any other law, rule and order made or deemed to
be made thereunder, no person under the age of sixteen years shall
be employed on any Maltese ship.
Substituted by
L.N. 465 of 2020.
(Rules 97, 98, 99, 100, 101 and 103)
Part I -MEDICINES
Categories of vessels
A
B
C
1. Cardiovascular
(a) Cardio-circulatory sympathomimetics
x
x
(b) Anti-anginapreparations
x
x
x
(c) Diuretics
x
x
(d) Anti-haemorrhagics including uterotonics if there are women on board
x
x
(e) Anti-hypertensive
x
x
2. Gastro-intestinal system
(a) Medicines for gastric and duodenal disorders
— Medicine for treatment of stomach ulcer and gastritis
x
x
— Anti-acid mucous dressings
x
x
(b) Anti-emetics
x
x
(c) Laxatives
x
(d) Anti-diarrhoeals
x
x
x
(e) Haemorrhoid preparations
x
x
3. Analgesics and anti-spasmodics
(a) Analgesics, anti-pyretics and anti-inflammatory preparations
x
x
x
(b) Powerful analgesics
x
x
(c) Spasmolytics
x
x
4. Nervous system
(a) Anxiolytics
x
x
(b) Neuroleptics
x
x
(c) Seasickness remedies
x
x
x
(d) Anti-epileptics
x
x
5. Anti-allergics and anti-anaphylactics
(a) Anti-histaminics
x
x
(b) Glucocorticoids
x
x
6. Respiratory system
(a) Bronchiospasmpreparations
(b) Anti-tussives
(c) Medicines used for colds and sinusitis
7. Anti-infection
(a)Antibiotics(atleasttwoclasses)
(b) Anti-parasitics
(c) Anti-tetanus vaccines and immunoglobulins
(d) Anti-malaria medicines, carriage shall be dependent upon operational
area
8. Compounds promoting rehydration, caloric intake and plasma expansion
9. Medicines for external use
(a) Skin medicines
— Antiseptic solutions
— Antibiotic ointments
— Anti-inflammatory and analgesic ointments
— Anti-mycotic skin creams
— Burn preparations
(b) Eye medicines
— Antibiotic and anti-inflammatory
— Anaesthetic drops
— Saline solution for eyewash
— Hypotonic myotic drops
(c) Ear medicines
— Anaesthetic and anti-inflammatory solutions
x
x
(d) Medicines for oral and throat infections
— Antiseptic mouthwashes
x
x
(e) Local anaesthetics
— Local anaesthetics using freezing
x
— Local anaesthetics given by subcutaneous injection
x
x
Part II - MEDICAL EQUIPMENT
Categories of vessels
A
B
C
1. Resuscitation equipment
— Ambu bag (or equivalent); supplied with
x
x
large, medium and small masks
— Appliance for the administration of
oxygen with pressure-reducing
valve such that ship’s industrial
x
x
oxygen can be used, or oxygen
container (1)
— Mechanical aspirator to clear upper
x
x
respiratory passages
2. Dressingandsuturing equipment
— Tourniquets
x
x
x
— Disposable suture stapler or suture kit
x
x
with needles
— Adhesive elastic bandage
x
x
x
— Gauze strips
x
x
— Tubular gauze for finger bandages
x
— Sterilegauzecompresses
x
x
x
— Sterile sheet for burns victims
x
x
— Triangularsling
x
x
— Disposable gloves
x
x
x
— Adhesive dressings
x
x
x
— Sterile compression bandages
x
x
x
— Adhesive sutures or zinc oxide bandages
x
x
x
— Non-absorbable sutures with needles
x
— Vaseline gauze
x
x
3. Instruments
— Disposable scalpels
x
— Instrument box made of suitable material
x
x
— Scissors
x
x
— Dissecting forceps
x
x
— Haemostatic clamps
x
x
— Needleforceps
x
— Disposable razors
x
4. Examination andmonitoring equipment
— Disposable tongue depressors
x
x
— Reactive strips for urine analysis
x
— Temperature charts
x
— Medicalevacuationsheets
x
x
— Stethoscope
x
x
— Sphygmomanometer
x
x
Categories of vessels
A
B
C
— Medical thermometer
x
x
— Hypothermic thermometer
x
x
— Quick malaria test, carriage shall be dependent
x
x
upon operational area
5. Equipment for injection, perfusion, puncture and
catheterisation
— Bladder drainage equipment (suitable for men and
x
women)
— Intravenous infusion set
x
x
— Disposable syringes and needles
x
x
6. General medical equipment
— Personal protective medical and nursing equipment
x
x
— Bedpan
x
— Hot-water bottle
x
— Urine bottle
x
— Ice bag
x
7. Immobilisation and setting equipment
— Set of splints of different sizes for the extremities
x
x
— Collar for neck immobilisation
x
x
8. Disinfection, disinsectisation and prophylaxis
— Water-disinfection compound
x
— Liquid insecticide
x
— Powder insecticide
x
Part III - ANTIDOTES
1. Medicines
- General
- Cardio-vascular
- Gastro-intestinal system
- Nervous system
- Respiratory system
- Anti-infective
- For external use
2. Medical equipment
- Necessary for the administration of oxygen (including maintenance requisites)
Note
For the detailed implementation of Part III of this Schedule, reference may be
made to the IMO Medical First Aid Guide for Use in Accidents Involving Dangerous
Goods (MFAG) contained in the IMO International Maritime Dangerous Goods
Code, in its up to date version.
(1) Notwithstanding the provisions of rule 4 of the Young
Persons (Employment) Rules, and subject to sub-rule (2), no
seafarer under the age of eighteen years shall work at night.
(2) A seafarer aged sixteen years or seventeen years may work
at night when
(a) the work forms part of an established programme of
training the effectiveness of which would be impaired
by the prohibition in sub-rule (1); or
(b) the specific nature of the duty or a recognised training
programme requires that the seafarers covered by the
exception perform duties at night and the competent
authority determines, after consultation with the
shipowners’ and seafarers’ organisations concerned,
that the work will not be detrimental to their health or
well-being.
(Rule 97)
Dangerous Substances
The substances listed in this Schedule are to be taken into account in whatever
form they are carried on board, including the form of waste or cargo residues.
-
Explosive substances and objects;
-
Gases: compressed, liquified or dissolved under pressure;
-
Inflammable liquids;
-
Inflammable solids;
-
Substances liable to spontaneous combustion;
-
Substances which, on contact with water, give off inflammable gases;
-
Combustible substances;
-
Organic peroxides;
-
Toxic substances;
-
Infectious substances;
-
Radioactive substances;
-
Corrosive substances;
-
Various dangerous substances, i.e. any other substances which
experience has shown, or may show to be dangerous.
Note
For the detailed implementation of this Schedule reference may be made to the
IMO International Maritime Dangerous Goods Code, in its up to date version.
(1) There shall be included with every crew list a register
of all seafarers under the age of eighteen years who are members of
the crew, together with particulars of the dates of their birth, and of
the dates on which they become or cease to be members of the
crew, and the register so kept shall at all times be open to
inspection by any person having power to enforce compliance with
the provisions of these rules.
(2) There shall be included in every crew list a short summary
of the provisions of this rule and of rules 5 and 6.
Medical Certificates
(Rules 97 and 105)
Publications
Category A
Ship Captain’s Medical Guide (latest edition)
Category B
Ship Captain’s Medical Guide (latest edition)
Category C
St John’s Ambulance or Red Cross First Aid Manual (latest edition)
(1) Subject to the provisions of this rule, no person shall be
employed in any capacity on any Maltese ship unless there has been
delivered to the master of the ship a certificate granted by a duly
qualified medical practitioner certifying that the person is fit to be
employed in that capacity.
(2) The provisions of sub-rule (1) shall not apply to the
employment of a person authorised to be so employed on the
g r o u n d o f u rg e n c y b y t h e R e g i s t r a r- G e n e r a l , o r w h o i s i n
possession of an expired medical certificate of recent date, but a
seafarer granted such authorisation shall not be employed for more
than a single voyage, which shall in no circumstances exceed three
months.
(Rules 97 and 99)
Medical Training of the Master and Ship Officers
1. Basic understanding of physiology, symptomatology and therapeutics.
2. Elements of preventive medicine, notably individual and collective hygiene,
and elements of possible prophylactic measures.
3. Ability to perform basic types of treatment and supervise emergency
disembarkation at sea.
Persons responsible for treatment aboard category A ships should if possible
receive their practical training in hospitals.
4. Detailed knowledge of how to use the various remote medical consultation
facilities.
This training should take account of the programmes of instruction detailed in
relevant recent international documents.
(1) The medical examination required under these rules shall
consist of a complete physical examination and shall have regard to
the ILO/IMO publication entitled Guidelines on the medical
examinations of seafarers, including any amendments introduced
thereto from time to time, and to any other relative guidelines as may,
from time to time, be further specified by the Registrar-General.
(2) In any examination under these rules, due regard shall be
had to the age of the seafarer to be examined and the nature of the
duties to be performed on board the ship.
(Rule 107)
SEAFARER’S WEEKLY RATION
Food
Standard Ration
Substitutes
Remarks
per man Per week
BREAD
3.175kg
DAIRY PRODUCTS
Milk
3 . 9 8 L o r 1 . 9 8 9 L 11 3 g c h e e s e c a n O n l y h a l f t h e
Fresh or evaporated or evaporated or 397g r e p l a c e
283g ration of milk
dried skim
dried skim
(284ml) milk
should
be
replaced
by
cheese at any one
time
Cheese
113g
Eggs, fresh
14g dehydrated
egg can replace
one fresh egg
FRUITS
Oranges or grapefruits 567g
Vitaminized apple 113g allowed per
juice
j u i c e b l e n d e d day
orange
and
grapefruit juice 1
orange or ½
grapefruit (fresh)
can replace 113g
fruit juice
Canned tomoatoes
454g
Tomato juice
May be used cold
or hot as a
vegetable
or
combined with
other foods in
cooking
F r e s h f r u i t ( w h e n 567g
available) or canned
fruit
Dried fruits
142g
57g dried fruit can Dried fruits to be
replace
1 1 3 g raisins, currants,
canned fruit or figs,
prunes,
fresh fruit
apples, pears,
peaches, apricots
VEGETABLES
Potatoes
3.175g
An equal amount
of sweet potatoes,
canned potatoes or
canned vegetables
76g dehydrated
potatoes
can
replace 454g fresh
potatoes
Onions
227g
1 4 g d e h y d r a t e d Fresh, stored or
onions can replace dried in season
½ the fresh onions
or 227g of other
canned or fresh
vegetables can
replace
227g
onions
Canned or fresh
1.814kg
2 8 g d e h y d r a t e d Use a variety of
can replace 227g fresh, cann ed or
fresh or canned. d e h y d r a t e d
1 1 3 g d r i e d c a n vegetables. Dried
replace 227g fresh vegetables may be
or canned
navy beans, lima
beans, kidney
beans,
whole
d ri ed peas, sp li t
peas or lentils.
MEATS
Fresh/frozen
3.175kg
For each 27g fresh The term "meat"
m e a t , o n e o f t h e includes all types.
following
The weight of
substitutions may fresh meat is the
be made
weight including
170g canned meat f a t a n d b o n e
151g salt meat
before cooking
170g fresh fish
preparation
113g canned fish
113g dried fish
113g bacon
Bacon or Ham
283g
CEREAL
Flour
2.381kg
680g bread can
replace 454g flour
Oatmeal
170g (dry weight) An equal quantity For the ready-to-
o f o n e o f t h e serve cereals give
following: rolled special preference
oats,
c r a c k e d to those labelled
wheat,
r o l l e d on the package as
w h e a t , r e a d y - t o - whole grain
serve cereals
Rise or Pasta
340g
FATS
Butter,
454g
Includes cooking
Lard or Shortening
113g
purposes
SUGARS
Sugar
794g
Includes
granulated, brown
and
icing.
Includes cooking
purposes
Jam
227g
An equal quantity
of one of the
following
marmalade, honey,
peanut butter
Syrup
57g
Molasses
BEVERAGES
Tea
114g
28g coffee can
replace 14g tea
Water
45L
For drinking,
culinary
and
dishwashing
MISCELLANEOUS
Cocoa or Chocolate
85g
Salt
57g
Pepper
7g
Tomato paste
100g
Mustard
7g
Spices
7g
Includes
all
varieties of spices
Flavourings
14g
Includes
all
varieties
of
flavourings
Baking powder
as acquired
Baking soda
as acquired
Biscuits
as acquired
G e l a t i n e o r J e l l y as acquired
Powder
Sauces and Pickles
as acquired
Vinegar
as acquired
Yeast
as acquired
When an item of food is substituted for another item in the Schedule, the
substituted item shall be taken from the same food group indicated in the Schedule.
(1) Every applicant for a medical certificate shall be
examined by a duly qualified medical practitioner or, in the case of
a certificate solely concerning eyesight, by a person recognised by
the authority and, subject to rule 9, if the medical practitioner
considers that the applicant is fit, the practitioner shall issue the
applicant with a medical certificate in terms of sub-rule (2) and rule
11; and such certificate may be restricted to such capacity of sea
service or g eographical areas a s the practitioner considers
appropriate.
(2) The medical certificate shall contain the personal details of
the person examined including the name and surname, nationality,
age and relevant identity document number such as the sea service
record book or passport number and shall attest -
(a) that the hearing and sight of the seafarer examined
and, in the case of a seafarer to be employed in the
deck department (except for certain specialist
personnel, whose fitness for the work which they are
to perform is not liable to be affected by defective
colour vision), his colour vision, are all satisfactory;
and
(b) that the seafarer is not suffering from any medical
condition likely to be aggravated by, or to render the
seafarer unfit for, service at sea or likely to endanger
the health of other persons on board.
(1) Subject to sub-rules (2) and (3), a duly qualified
medical practitioner who issues a medical certificate under rule 10
shall specify the period of validity, from the date of the medical
examination, for which the certificate is to remain in force.
(2) Unless suspended or cancelled in terms of rule 13 and
subject to sub-rule (3), the maximum period of validity of a
medical certificate shall be two years and, in so far as it relates to
colour vision, the maximum period of validity shall be six years
Provided that if the examined seafarer is under eighteen
years o f ag e, t he m axim um period of vali dit y of a m edical
certificate shall be one year
Provided further that if the health of the examined seafarer
demands it, a medical practitioner may issue a medical certificate
valid for such shorter period as may be specified in the certificate.
(3) Where the period of validity of a medical certificate expires
in the course of a voyage, the certificate shall remain in force until
the end of that voyage or until the next port of call, whichever is the
earliest, where the seafarer is to obtain a medical certificate from a
qualified medical practitioner, provided that the period shall not
exceed three months.
If a seafarer holding a valid medical certificate suffers a
medical condition which precludes seafaring employment, such
seafarer shall arrange for an additional medical examination in
accordance with rule 9 as soon as practicable after diagnosis.
If a qualified medical practitioner has reasonable grounds
to believe that -
(a) there has been a significant change in the medical
fitness of a seafarer during the period of validity of the
medical certificate; or
(b) had he been in possession of full details of the
seafarer’s conditions when issuing the medical
certificate, and having regard to the provisions of rule
9, would not have reasonably considered the seafarer
fit to be issued with such certificate; or
(c) the medical certificate was issued otherwise than in
accordance with these rules,
the medical practitioner shall notify the seafarer concerned and
may -
(i)
suspend the validity of that certificate until the
seafarer has undergone a further medical
examination;
(ii) suspend the certificate for such period as the
medical practitioner considers the seafarer will
remain unfit to go to sea; or
(iii) cancel the certificate if the medical practitioner
considers that the seafarer is likely to remain
permanently unfit to go to sea.
(1) A seafarer who is aggrieved by -
(a) the refusal of a medical practitioner to issue him with a
medical certificate, or
(b) any restriction imposed on such a certificate, or
(c) the suspension for a period of more than three months
or cancellation of that certificate by a medical
practitioner pursuant to rule 13,
may apply to the Registrar-General for the matter to be reviewed by
a single medical referee appointed by the Registrar-General.
(2)
Any such application shall -
(a) be lodged with the Registrar-General within one month
of the date on which the seafarer is given notice of the
refusal, imposition of a restriction, suspension, or
cancellation (or such longer period as the Registrar-
General may determine if delay is caused by the
seafarer’s employment on board a ship); and
(b) include a consent to the duly qualified medical
practitioner responsible for the refusal, imposition of a
restriction, suspension or cancellation to provide a
report to the medical referee specifying the name and
address of that practitioner.
(3) The medical referee to whom the matter is referred by the
Registrar-General may obtain a report from the qualified medical
practitioner by whom the applicant was examined and may examine
the medical condition of the applicant. The medical referee shall, if
the applicant so requests, disclose to the applicant the report of the
qualified medical practitioner and any other evidence not produced
by the applicant himself except that if the medical referee considers
that such disclosure would be harmful to the applicant’s health the
referee shall not be required to make such disclosure. The medical
referee shall have regard to any relevant medical evidence, whether
produced by the applicant, the employer, or otherwise, and whether
or not disclosed as aforesaid.
(4) If the medical referee, in the light of the medical evidence
available, considers that the applicant is fit, having regard to the
provisions of rule 9, he shall issue the applicant with a medical
certificate. Where the medical referee considers that restrictions as
to capacity or geographical area other than those imposed on the
medical certificate issued to the applicant should be imposed, or
that any restrictions so imposed should be deleted or varied, the
medical referee shall issue to the applicant a revised medical
certificate and the former certificate shall thereupon cease to have
effect. In any other case the medical referee shall notify the
applicant of his decision. Any such action by the medical referee
shall be taken not later than two months from the date on which the
application for review is lodged with the Registrar-General (which
date shall be notified to the medical referee by him) or within such
longer period as the Registrar-General may determine.
Any certificate of medical and visual fitness for seafaring
employment issued by a qualified medical practitioner to a seafarer
in respect of a medical examination conducted before the date on
which these rules come into force shall be deemed for the purposes
of these rules to be equivalent to a medical certificate issued under
these rules
Provided that any such certificate issued by any such
qualified medical practitioner shall remain valid from the date of
the medical examination only for the appropriate maximum period
prescribed in rule 11 or for such shorter period as may be specified
in the certificate.
(1) Any medical certificate issued to a seafarer in
accordance with the Medical Examination (Seafarers) Convention,
1946 (International Labour Organisation Convention No. 73 of
1946) or the Merchant Shipping (Minimum Standards) Convention,
1976 (International Labour Organisation Convention No. 147 of
1976) -
(a) by an authority empowered in that behalf by the laws
of a State outside Malta that has ratified the said
Conventions; or
(b) by an approved authority empowered in that behalf by
the laws of a State outside Malta,
shall be deemed for the purposes of these rules to be equivalent to a
medical certificate issued under these rules
Provided that any medical certificate issued by any such
authority shall remain in force, unless renewed, only until the
expiration of the period of validity specified in that certificate, but
in no case for more than the appropriate maximum period
prescribed in rule 11.
(2) A medical certificate issued in accordance with the medical
standards of the STCW Convention, or a medical certificate
meeting in substance the same requirements for seafarers not
covered by the STCW Convention, shall be accepted as meeting the
standards of these rules.
Recruitment and Placement
Without prejudice to any other Act or rule governing
services related to recruitment, the competent authority shall ensure
that public and private seafarer recruitment and placement services
be operated in an o rderly m anner t hat protect and prom ote
seafarers’ employment rights.
The Registrar-General shall, through the application of rule
4, ensure that recruitment services in Malta comply with the
Convention.
(1) Owners of Maltese flagged ships, who use seafarer
recruitment and placement services based in countries or territories
in which the Convention applies, shall ensure, as far as practicable,
that those services meet the requirements of the Convention.
(2) Owners of Maltese flagged ships, who use seafarer
recruitment and placement services based in countries or territories
in which the Convention does not apply, shall ensure, as far as
practicable, that those services meet the requirements of the
Convention.
Shipowners and, or recruitment and placement services shall
ensure that there is in place a system of protection, by way of insurance
or an equivalent appropriate measure, to compensate seafarers for
monetary loss that they may incur as a result of the failure of a
recruitment and placement service or the relevant shipowners
obligations under the seafarers’ employment agreement, and shall
ensure that seafarers are informed, prior to or in the process of
engagement, of their rights under that system.
PART III
CONDITIONS OF EMPLOYMENT
Seafarers’ employment agreement
(1) The owner of every Maltese ship shall enter into an
agreement (in these Rules called the "seafarer ’s employment
agreement") with every seafarer in accordance with these rules
stipulating the terms and conditions of his employment.
(2) If the shipowner carries any seafarer to sea without entering
into a full and valid seafarer’s employment agreement, he shall for
each offence be liable to a fine (multa) not exceeding five hundred
units.
(3) A master may sign a seafarer’s employment agreement on
behalf of the shipowner, and provide advice upon request on the
same, but shall not be answerable for the shipowner for any
deficiencies within the agreement, save for his duties to ensure the
agreement is understood and signed by the seafarer. In default, the
master shall be liable to a fine (multa) not exceeding fifty units.
(1) A seafarer’s employment agreement shall be dated at
the time of the first signature thereof, and shall be signed by the
shipowner before a seafarer signs his name.
(2) The seafarer’s employment agreement shall show the date
and place at which it is made, the surname and other names of the
seafarer, his birthplace, and his age or the date of his birth, and
shall contain as terms thereof the following particulars
(a) the name of the ship on board which the seafarer
undertakes to serve;
(b) the owner’s name and address;
(c) if possible, the place and date at which each seafarer is
to be on board or to begin work;
(d) the capacity in which each seafarer is to serve;
(e) the amount of wages the seafarer is to receive;
(f)
the amount of paid annual leave or formula used for its
calculation;
(g) the health and social security protection benefits to be
provided to the seafarer by the owner;
(h) the seafarer’s entitlement to repatriation;
(i)
reference to the collective bargaining agreement, when
applicable;
(j)
either the nature and, as far as is practicable, the
duration of the intended voyage or engagement, or the
maximum period of the voyage or engagement, and the
places or parts of the world, if any, to which the
voyage or engagement is not to extend;
(k) any rules as to the provisions to be provided for
seafarers employed on Maltese ships;
(l)
the termination of the agreement and the conditions
thereof, including
(i)
if the agreement has been made for an indefinite
period, the conditions entitling either party to
terminate it, as well as the required notice
period, which shall not be less for the shipowner
than for the seafarer;
(ii) if the agreement has been made for a definite
period, the date fixed for its expiry; and
(iii) if the agreement has been made for a voyage, the
port of destination and the time which has to
expire after arrival before the seafarer should be
discharged.
(3) Any termination to the seafarer’s employment agreement
shall in no circumstances be shorter than seven days if notice of
such termination is from the shipowner. Notice of termination from
the seafarer may be less than seven days or without notice, if for
compassionate or urgent reasons, as the Registrar-General may
approve through Merchant Shipping Notices from time to time.
(4) Saving any other provision of these rules, a seafarer’s
employment agreement shall be terminated by -
(a) the mutual consent of the parties thereto; or
(b) the death of the seafarer; or
(c) the loss or total unseaworthiness of the ship; or
(d) the sale of the ship; or
(e) the expiration of time.
The following provisions shall have effect with respect to a
seafarer’s employment agreement
(a) the agreement shall be signed by the shipowner and the
seafarer;
(b) the shipowner, recruitment agency or master, as the
case shall be, have the agreement read over and
explained to the seafarer, or otherwise ascertain that
the seafarer understands the same, before he signs it,
and shall attest each signature;
(c) the employment agreement shall be signed in duplicate
and one part shall be retained by the shipowner and the
other by the seafarer.
To the extent that any terms or conditions adopted by the
parties to a seafarer’s employment agreement are contrary to the
provisions of these rules such terms and conditions shall have no
effect and the relevant provisions under these rules shall be deemed
to apply.
The master shall, at the commencement of every voyage or
engagement, ensure that clear information as to the conditions of
employment can be easily obtained on board by each seafarer, and
the seafarers’ employment agreement to be accessible to inspectors
in accordance with these rules, and if he fails without reasonable
cause to do so he shall for each offence be liable to a fine (multa)
not exceeding ten units.
If any person fraudulently alters, makes any false entry in,
or delivers a false copy of a seafarer’s employment agreement, or
assists in committing or procures to be committed any such
offence, that person shall for each offence be liable to
imprisonment for a period not exceeding two years or to a fine
( multa ) not exceeding five hundred units or to both such
imprisonment and fine.
Every erasure, interlineation, or alteration in any seafarer’s
employment agreement shall be wholly inoperative unless proved
to have been made with the consent of all the persons interested in
the erasure, interlineation or alteration by the written attestation of
two witnesses.
Seafarers shall be given a seafarer’s record book of their
employment onboard and shall not contain any statement as to the
quality of the seafarer’s work or his wages.
Except where otherwise provided in the Act or these rules,
all correspondence, documents, forms or other writings shall be in
the English language if the ship is involved in international
voyages
Provided that a foreign language version of any document
may be appended to the English language version thereof.
A seafarer’s employment agreement shall continue to have
effect while a seafarer is held captive on or off the ship as a result of
acts of piracy or armed robbery against ships, regardless of whether
the date fixed for its expiry has passed or either party has given notice
to suspend or terminate it.
Manning levels
For the purpose of rules 30 to 36, both inclusive,
"appropriate certificate" means an appropriate certificate as defined
in the Merchant Shipping (Training and Certification) Regulations.
(1) Every owner of a Maltese ship shall ensure that -
(a) every seafarer assigned to his ship holds an
appropriate certificate in respect of any function the
seafarer is to perform;
(b) documentation and data relevant to all seafarers
employed on its ships are maintained and readily
available for inspection and include, inter alia,
documentation and data on their experience training,
medical fitness and competency in assigned duties.
(2) Nothing in sub-rule (1) shall prohibit the allocation of tasks
for training under supervision or in case of force majeure.
(1) The shipowner shall provide written instructions to the
master setting out the policies and the procedures to be followed to
ensure that all seafarers engaged on board the ship are given a
reasonable opportunity to become familiar with the shipboard
equipment, operating and safety procedures including other
arrangements needed for the proper performance of their duties,
before being assigned to such duties.
(2) The policies and procedures referred to in sub-rule (1) shall
include
(a) allocation of a reasonable period of time during which
the seafarer will have an opportunity to become
acquainted with -
(i)
the specific equipment the seafarer will be
operating; and
(ii) ship-specific
watchkeeping,
safety,
environmental protection and emergency
procedures and arrangements the seafarer needs
to know to perform the assigned duties properly;
(b) designation of a knowledgeable crew member who will
be responsible for ensuring that an opportunity is
provided to each newly employed seafarer to receive
essential information in a language the seafarer
understands.
(3)
It shall be the duty of any master and any member of a crew
designated with an obligation under sub-rule (2) to carry out that
obligation.
(1) It shall be the duty of the shipowner to ensure that in
relation to every ship of 500 gross tonnage or more -
(a) a safe manning document is in force in respect of the
ship and the manning of the ship;
(b) the safe manning document is kept on board the ship at
all times;
(c) the manning of the ship is maintained at all times to at
least the levels specified in the safe manning
document.
(2) The master of any ship to which these rules apply shall
ensure that the ship does not proceed to sea unless there is on board
a valid safe manning document issued in respect of the ship and the
manning of the ship complies with that document.
(3) It shall be the duty of the shipowner applying for a safe
manning document in respect of any Maltese ship to submit to the
Registrar-General any information that may be required for the
issue of such document.
(4) It shall be the duty of the shipowner after the issue of a safe
manning document to inform the Registrar-General as soon as there
is any change of the circumstances which are pertinent to that safe
manning document.
(5) Notwithstanding the provisions of these rules and without
prejudice to any other duties and responsibilities of the master and
of the owner, it shall be the duty of the master and of the shipowner
to ensure that from the point of view of safety of life at sea and
pollution prevention, the ship is sufficiently and efficiently
manned.
(1) The master of any ship shall ensure that the
watchkeeping arrangements for the ship are at all times adequate
for maintaining safe navigational and engineering watches having
regard to Chapter VIII of Section A of the STCW Code.
(2) Without prejudice to the duties of the master provided by
sub-rule (1), the master shall give directions to the deck
watchkeeping officers responsible for navigating the ship safely
during their periods of duty, in accordance with Part 3-1 of Section
VIII/2 of the STCW Code and any requirements specified by the
Registrar-General.
(3) The chief engineer officer of any ship shall ensure that the
engineering watchkeeping arrangements for the ship are at all times
adequate for maintaining a safe watch in accordance with Part 3-2
of Section A-VIII/2 of the STCW Code, and when deciding the
composition of the watch the chief engineer officer shall observe
the principles set out in Part 3-2 of that section and the
requirements specified by the Registrar-General.
The master of any ship which is safely moored or safely at
anchor under normal circumstances in port shall arrange for an
appropriate and effective watch to be maintained for the purposes
of safety. Such arrangements shall be in accordance with Part 4 of
Section A-VIII/2 of the STCW Code and any operational guidance
specified by the Registrar-General.
The master of any ship which is carrying hazardous cargo
and which is in port, even when safely moored or safely at anchor,
shall, in addition to any watchkeeping arrangements required under
rule 34, in the case of -
(a) a ship carrying hazardous cargo in bulk ensure that a
safe deck watch and safe engineering watch are
maintained by the ready availability on board of a duly
qualified officer or officers, and where appropriate
ratings; and
(b) a ship carrying hazardous cargo other than in bulk,
ensure that in organising safe watchkeeping
arrangements account is taken of the nature, quantity,
packing and stowage of the hazardous cargo and of any
special conditions on board, afloat and ashore.
It shall be the duty of the master to ensure that a ship with a
total number of crew and passengers exceeding one hundred
persons engaged on an international voyage of more than three
days, carries onboard as part of its safe manning a medical
practitioner responsible for the medical care of the persons on
board.
Hours of work and rest
For the purpose of rules 38 to 46, both inclusive -
"employment", in relation to a seafarer, means employment
under his seafarer’s employment agreement, and "employed" shall
be construed accordingly;
"hours of rest" means time outside hours of work and does not
include short breaks;
"hours of work" means time during which a seafarer is required
to do work on account of the ship;
"night" means a period -
(a) the duration of which is not less than nine consecutive
hours; and
(b) which includes the period between midnight and
5a.m.;
"relevant requirements" means the requirements of rules 38, 41,
42(3), 43 and 44.
Without prejudice to rule 42, it shall be the duty of an
employer of a seafarer and a master of a ship to ensure that a
seafarer is provided with at least the minimum hours of rest.
(1) Without prejudice to rules 40 and 42, the minimum
hours of rest shall be not less than -
(a) ten hours in any 24-hour period; and
(b) seventy-seven hours in any seven-day period.
(2) 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 such consecutive periods shall not exceed fourteen hours.
(3) Musters, fire-fighting and lifeboat drills shall be conducted
in a manner which minimises the disturbances of rest periods and
do not induce fatigue.
(4) A seafarer who is on call shall have adequate compensatory
rest period if his normal period of rest is disturbed by call-outs of
work.
(1) The Registrar-General may authorise collective
agreements permitting exceptions to the limits in rule 39(1) and (2)
b u t s ha l l h a v e d u e r e ga r d f o r th e g e ne r a l p r in c ip l e s o f t he
protection of the health and safety of seafarers.
(2) In the absence of any collective agreement or arbitration
award or if the competent authority determines that the provisions
in the agreement or award in respect of rule 39(3) and (4) are
inadequate, the Registrar-General shall determine such provisions
to ensure the seafarers concerned have sufficient rest.
(1) The master of a ship, or a seafarer authorised by the
master, shall ensure that a table with the shipboard working
arrangements complying with sub-rules (2) and (3) is posted up in a
prominent and accessible place in the ship.
(2) A table under sub-rule (1) shall contain for every position
at least
(a) the schedule of service at sea and service in port; and
(b) the minimum hours of rest as required by these rules or
any collective agreements in force.
(3) A table under sub-rule (1) shall be in the format appearing
in the First Schedule and shall be in English and in the working
language of the ship if that is not English.
(1) The master of a ship may require a seafarer to work
any hours of work necessary for the immediate safety of the ship,
persons on board ship or cargo or for the purpose of giving
assistance to another ship or to a person in distress at sea.
(2) For the purposes of sub-rule (1), the master may suspend
the hours of rest scheduled in the table under rule 41 and require a
seafarer to perform any hours of work necessary until the normal
situation has been restored.
(3) As soon as practicable after the normal situation has been
r e s t or e d t h e m a s t e r s ha ll e n s u r e t h a t a n y s e a f a re r w h o h a s
performed work in a rest period scheduled in the table under sub-
rule (1) is provided with an adequate rest period.
(1) A record of a seafarer’s daily hours of rest shall be
maintained by the master or a person authorised by the master.
(2)
The record kept under sub-rule (1) shall -
(a) be in the format appearing in the Second Schedule;
(b) be in English and in the working language of the ship
if that is not English;
(c) be completed monthly in arrears;
(d) reflect all deviations from the scheduled hours of rest
as per the provisions of rule 42;
(e) be endorsed by the master or a person authorised by
the master, and by the seafarer in question, and a copy
thereof shall be given to the seafarer by the master or
the person authorised by the master;
(f)
be kept for a period of two years and shall be available
for inspection and endorsement by the Registrar-
General or an inspector.
(3) The company and the master shall ensure that a copy of
these rules and any collective agreements referred to under rule 40
are carried at all times on board the ship and are easily accessible to
the seafarers on board.
(1) Seafarers under the age of eighteen years shall
(a) not work more than eight hours per day and forty hours
per week;
(b) be provided sufficient time allowing for all meals, and
a break of at least one hour for the main meal of the
day;
(c) be provided a fifteen-minute rest period as soon as
possible following each two hours of continuous work.
(2) The master may suspend the provisions of sub-rule (1) or
require that overtime shall be worked if
(a) the provisions of rule 42 are applied;
(b) the work forms part of an established programme of
training the effectiveness of which would be impaired
by the prohibition in sub-rule (1);
(c) they are impracticable when assigned watchkeeping
duties in the deck, engine room and catering
departments or working in a rostered shift-work
system.
(3) All instances under sub-rule (2) shall be recorded, with
reason and signed by the master.
Where -
(a) a medical practitioner has certified that a seafarer
engaged on watchkeeping duties is suffering from
health problems which the practitioner considers to be
due to the fact that the seafarer performs night work,
and
(b) it is possible for the employer to transfer the seafarer
to work -
(i) to which the seafarer is suited, and
(ii) which is to be undertaken during periods such
that the seafarer will cease to perform night
work,
the seafarer shall be transferred accordingly.
An owner shall provide the Registrar-General with such
information on watch-keepers and other seafarers working at night
as may be specified by the Registrar-General.
Entitlement to annual leave
(1) Subject to sub-rule (3), the annual paid leave of a
seafarer shall be calculated on the basis of a minimum of 2.5
c a l e n d a r d a y s p e r m o n t h o f e m p l o y m e n t a n d p ro r a t a f o r
incomplete months.
(2)
For the purposes of this rule, a seafarer’s leave year begins
(a) on such date during the calendar year as may be agreed
in writing by the employer and the seafarer; or
(b) in absence of such agreement -
(i)
if the seafarer’s employment began on or before
the coming into force of this rule, on that date
and each subsequent anniversary of that date; or
(ii) if the seafarer’s employment begins after the
coming into force of this rule, on the date on
which that employment begins and each
subsequent anniversary of that date.
(3) Where by virtue of sub-rule (2) the period of leave to which
a seafarer is entitled is or includes a proportion of a week, the
proportion shall be determined in days and any fraction of a day
shall be treated as a whole day.
(4) Any agreement to forgo the minimum annual leave with pay
prescribed in these rules, except were the seafarer’s employment is
terminated, shall be prohibited.
(5) Justified absences from work shall not be considered as
annual leave.
Where during any period a seafarer is entitled to hours of
rest or annual leave both under a provision of these rules and under
a separate provision (including a provision of his contract), he may
exercise the two rights separately, but may, in taking hours of rest
or annual leave during that period, take advantage of whichever
right is, in any particular respect, the more favourable.
Right to wages
Without prejudice to collective bargaining agreements, it shall
be the duty of an employer of a seafarer and an owner of a ship to
ensure that a seafarer is not paid less than the determined minimum
basic wage.
(1)
For the purpose of this rule, the term
"able seaman" means a person in possession of a certificate as
A.B. issued or recognised under the Merchant Shipping (Training
and Certification) Regulations;
''basic pay'' or ''wages'' means the pay, however composed, for
normal hours of work but not including overtime worked, bonuses,
allowances, paid leave or any other additional remuneration;
''consolidated wage'' means a wage or salary which includes the
basic pay and other pay-related benefits including compensation
for all overtime hours worked and all other pay-related benefits;
''overtime'' means time worked in excess of the normal hours of
work.
(2) Seafarers
whose
remuneration
includes
separate
compensation for overtime worked -
(a) for the purpose of calculating wages, the normal hours
of work at sea and in port shall not exceed eight hours
per day;
(b) without prejudice to more favourable collective
bargaining agreements, for the purpose of calculating
overtime, the number of normal hours per week
covered by the basic pay or wages shall not exceed
forty-eight hours per week;
(c) the rate or rates of compensation for overtime, shall be
not less than one and one-quarter times the basic pay
or wages per hour,
(d) records of all overtime worked shall be maintained by
the master, or a person assigned by the master, and
endorsed by the seafarer at no greater than monthly
intervals.
(3) Seafarers whose wages are fully or partially consolidated
are to have specified in the seafarer’s employment agreement the
number of hours of work expected of the seafarer in return for such
remuneration, and any additional allowances which might be due in
addition to the consolidated wage, and in which circumstances.
(4) When hourly overtime is payable for hours worked in
excess of those covered by the consolidated wage, the hourly rate
shall be not less than one and one-quarter times the basic rate
corresponding to the normal hours of work as defined in sub-rule
(2)(c).
(5) For seafarers whose wages are partially consolidated,
records of all overtime worked shall be maintained and endorsed as
provided for in sub-rule (2)(d).
The Registrar-General shall, through the issue of Merchant
Shipping Notices, determine the minimum basic wage for a
calendar month of service for an able seamen or the equivalent
thereof in the specific currency stated in the seafarer’s employment
agreement, and in so doing, the Registrar-General shall be guided
by the amount periodically set by the Joint Maritime Commission
or another body authorised by the Governing Body of the
International Labour Organisation.
A seafarer’s right to wages and provisions shall be taken to
begin at the time at which he commences work or at the time
specified in the agreement for his commencement of work or
presence on board, whichever happens first.
(1) A seafarer shall not by any agreement forfeit his rights
on the ship, or be deprived of any remedy for the recovery of his
wages, to which in the absence of the agreement he would be
entitled, and shall not by any agreement abandon his right to wages
in case of the loss of the ship, or abandon any right that he may
have or obtain in the nature of salvage; and every stipulation in any
agreement inconsistent with any provision of these rules shall be
void.
(2) Nothing in this rule shall apply to a stipulation made by the
seafarer belonging to any ship which, according to the terms of the
agreement, is to be employed on salvage service, with respect to the
remuneration to be paid to them for salvage services to be rendered
by that ship to any other ship.
The right to wages shall not depend on the earning of freight,
and every seafarer shall be entitled to demand and recover any wages
notwithstanding that freight has not been earned.
(1) Where by reason of the wreck or loss of the ship on
which a seafarer is employed his service terminates before the date
contemplated in the agreement, he shall, subject to the provisions
of this rule, be entitled, in respect of each day on which he is in fact
unemployed during a period of two months from the date of the
termination of the service, to receive wages at the rate to which he
was entitled at that date.
(2) A seafarer shall not be entitled to receive wages under this
rule if the owner shows that the unemployment was not due to the
wreck or loss of the ship, and shall not be entitled to receive wages
under this rule in respect of any day if the owner shows that the
seafarer was able to obtain suitable employment on that day.
Where the service of a seafarer terminates before the date
contemplated in the seafarer’s employment agreement by reason of
his being left on shore at any place abroad under a certificate
granted as provided by these rules of his unfitness or inability to
proceed on the voyage, he shall be entitled to wages up to the time
of such termination, but not for any longer period.
A seafarer shall not be entitled to wages for any time
during which he unlawfully refuses or neglects to work, when
required, whether before or after the time fixed by the agreement
for his commencement of such work, nor, unless the court hearing
the case otherwise directs, for any period during which he is
lawfully imprisoned for any offence committed by him.
When a seafarer is by reason of illness incapable of
performing his duty and it is proved that the illness has been caused
by his own wilful act or default, he shall not be entitled to wages
for the time during which he is by reason of the illness incapable of
performing his duty.
If a seafarer, having signed a seafarer’s employment
agreement, is discharged otherwise than in accordance with the
terms thereof before the commencement of the voyage or before
one month’s wages are earned, without fault on his part justifying
that discharge, and without his consent, he shall be entitled to
receive from the master or owner, in addition to any wages he may
have earned, due compensation for any damage caused to him by
t h e d i s c h a rg e n o t e x c e e d i n g o n e m o n t h ’s w a g e s , a n d t h a t
compensation shall be treated as if it were wages duly earned.
As respects wages due or accruing to a seafarer to the sea
service -
(a) they shall not be subject to a garnishee order in
accordance with but subject to the provisions of article
382 of the Code of Organization and Civil Procedure;
(b) any assignment thereof made prior to the accruing
thereof shall not bind the person making the same;
(c) any authority for the receipt thereof shall not be
irrevocable;
(d) a payment of wages to the seafarer shall be valid
notwithstanding any previous assignment of those
wages.
Payment of wages
All wages to which a seafarer may be entitled, subject to
deductions made in accordance with these rules, shall be paid at
intervals no greater than one month; and in the event of a seafarer’s
wages or any part thereof not being so paid or settled, then, unless
the delay is due to the act or default of the seafarer or to any
reasonable dispute as to liability or to any other cause not being the
wrongful act or default of the owner or master, the seafarer’s wages
shall continue to run and be payable until the time of the final
settlement thereof.
(1) The master of every Maltese ship shall, before paying
off or discharging any seafarer, deliver on a monthly basis a full
and true account of the seafarer’s wages and of all deductions to be
made therefrom on any account whatsoever.
(2) The said account shall be delivered not less than twenty-
four hours before his discharge or payment off.
(3) The said account shall indicate the rate of exchange used
where payment has been made in a currency or at a rate different
from the one agreed to.
(4) If the owner fails without reasonable cause to comply with
this rule, he shall for each offence be liable to a fine (multa) not
exceeding twenty units.
Wages shall be paid in legal tender whenever possible, paid
by bank transfer, bank cheque, postal cheque or money order or
directly to a seafarer’s designated bank account unless the seafarer
requests otherwise in writing.
(1) Shipowners shall provide seafarers with a means to
transmit all or part of their earnings to their families or dependents
or legal beneficiaries. This will be done by, but not limited to -
(a) a system for enabling seafarers, at the time of
commencement or during their employment, to allot a
proportion of their wages for remittance at regular
intervals to their families by bank transfers or similar
means; and
(b) a requirement that allotments shall be remitted in due
time and directly to the person or persons nominated
by the seafarers.
(2) Any charges for the services under sub-rule (1) shall be
reasonable in amount and agreed to in accordance with rule 62 and
the rate of exchange shall be at the prevailing market rate during
the periodical payments, or any other agreement not unfavourable
to the seafarer.
(1) A deduction from the wages of a seafarer shall not be
allowed unless it is included in the account delivered in pursuance
of rule 62, except in respect of a matter happening after the
delivery.
(2) The master shall during the voyage enter the various
matters in respect of which the deductions are made, with the
amounts of the respective deductions, as they occur, in a book to be
kept for that purpose, and shall, if required, produce the book at the
time of the payment of wages and also upon the hearing before any
competent authority of any complaint or question relating to that
payment.
(1) Where the master of a Maltese ship disrates a seafarer
he shall forthwith enter or cause to be entered in the official log
book a statement of the disrating, and furnish the seafarer with a
copy of the entry; and any reduction of wages consequent on the
disrating shall not take effect until the entry has been so made and
the copy so furnished.
(2) Any reduction of wages consequent on the disrating of a
seafarer shall be deemed to be a deduction from wages within the
meaning of rules 62 and 65 and treated accordingly.
Where a seafarer has agreed with the owner for payment of
his wages in a specific currency, any payment of or on account of
his wages, if made in any other currency than that stated in the
agreement, shall, notwithstanding anything in the agreement, be
made at the rate of exchange for the money stated in the agreement
for the time being current at the place where the payment is made.
Where a seafarer is held captive on or off the ship as a result
of acts of piracy or armed robbery against ships, wages and other
entitlements under the seafarers’ employment agreement or relevant
collective bargaining agreement, including the remittance of any
allotments as provided in rule 64 (1), shall continue to be paid during
the entire period of captivity and until the seafarer is released and duly
repatriated or, where the seafarer dies while in captivity, until the date
of death.
Discharge and repatriation of seafarers
When a seafarer serving on a Maltese ship is discharged on
the termination of his engagement, he shall be discharged in the
manner provided by these rules
Provided that this rule shall not apply where the seafarer is
proceeding on temporary leave while remaining in the service of
the owner of the ship.
(1) The master of a Maltese ship shall sign and give to a
seafarer discharged from his ship at any place, either on his
discharge or on payment of his wages, a certificate of his discharge
in a form approved by the Registrar-General, specifying the period
of his service and the time and place of his discharge, and if the
master fails to do so he shall for each offence be liable to a fine
(multa) not exceeding ten units.
(2) The master shall also, upon the discharge of every
certificated officer whose certificate of competency has been
delivered to and retained by him, return the certificate to the
officer, and if without reasonable cause he fails to do so he shall for
each offence be liable to a fine (multa) not exceeding twenty units.
If any person -
(a) makes a false report of character under these rules,
knowing the same to be false; or
(b) forges or fraudulently alters any certificate of
discharge or report of character or copy of a report of
character; or
(c) assists in committing, or procures to be committed,
any of such offences as aforesaid; or
(d) fraudulently uses any certificate of discharge or report
of character or copy of a report of character which is
false or altered or does not belong to him,
he shall for each offence be liable to imprisonment for a period not
exceeding two years or to a fine (multa) not exceeding five hundred
units or to both such imprisonment and fine.
(1) Where a Maltese ship is transferred or disposed of, any
seafarer belonging to that ship shall be discharged unless he
consents in writing to complete the voyage of the ship if it is
continued.
(2) Where a seafarer is discharged under this rule, the
provisions of these rules as to the certificate of discharge and the
return of the seafarer to a proper return port shall apply as if his
service had terminated otherwise than by his consent to be
discharged during the currency of the agreement.
(1) Except as hereinafter provided, every seafarer’s
employment agreement shall pr ovide that if the agree me nt
terminates at a port other than the port of engagement (whether by
effluxion of time, or by any act of the parties, or by shipwreck or
sale of the ship, or by the inability of the seafarer to proceed on the
ship by reason of sickness or injury or any other cause whatsoever),
he is ret urned t o a proper return port at the expense of the
shipowner who shall make such arrangements as may be necessary
and pay all expenses incurred for the return of such seafarer and
such liability shall include the cost of any maintenance and medical
treatment which is necessary for the seafarer until his arrival at a
proper return port, and such seafarer shall not become a charge
upon the Government of Malta.
(2) A seafarer who has been left behind or discharged from his
ship as a result of his desertion, or his imprisonment, or his
inability to proceed on the ship owing to sickness or infirmity
wilfully concealed at the time of the engagement, shall not be
entitled to be returned at the expense of the shipowner under sub-
rule (1) but the shipowner shall make all arrangements necessary
and pay all expenses incurred for the return of the seafarer to a
proper return port as if he was so entitled, and the shipowner may
be reimbursed his expenses out of any wages owing to the seafarer
at the time he left the ship or out of the proceeds from the sale of
any of his effects left on board or, if this should not prove sufficient
by ordinary process of law, but such seafarer shall not become a
charge upon the Government of Malta.
(3) A registrar or a Maltese consular officer may demand a
guarantee from the shipowner from which a seafarer is to be
d i s c h a rg e d o r l e f t b e h i n d , f o r t h e p r o p e r d i s c h a rg e o f a n y
obligations imposed by this rule, and if this is refused he may
withhold his consent to the discharge.
(4) Where a seafarer becomes eligible to receive, and receives,
medical aid or periodical payments at the expense of his employer
under the terms of any law providing for compensation to injured
or sick workmen, such receipt shall be in full or part payment, as
the case may be, of the entitlement under this rule and not in
addition thereto.
(5) This rule shall apply in respect of all ships making call to
Malta.
(1) A seafarer shall be entitled to repatriation at the cost of
the owner if he has served the maximum duration of service periods
on board, such periods being of less than twelve months, or at the
expense of any third party exercising an executive title against the
ship or its shipowner should such shipowner default in hi s
obligations toward the seafarer with regard to repatriation and other
expenses owed to the seafarer following the exercise of the
executive title
(2) The provisions of this rule are without prejudice to any
further action that the seafarer may take under the laws of Malta.
(1) Where the service of a seafarer terminates otherwise
than by his consent to be discharged during the currency of the
ag reem ent, t he master of t he shi p sh all , besides giving t he
certificate of discharge required under this rule and besides paying
the wages to wh ich the seafarer is en titled, m ak e ad eq uate
provision in accordance with this rule for his maintenance and for
his return to a proper return port.
(2) If the master fails, without reasonable cause, to comply
with this rule, the expenses of maintenance and of the journey to
the proper return port -
(a) if paid by the seafarer, shall be recoverable as wages
due to him;
(b) if paid by any such seafarer as aforesaid or by any
other person, shall (unless the seafarer has been guilty
of barratry) be a charge on the ship to which the
seafarer belonged, and may also be recovered against
the owner of the ship, at the suit of the person who
paid the expenses, or, in case they have been allowed
out of public money, as a debt due to the Government
of Malta.
(1) A seafarer shall be deemed to have been abandoned
where, in violation of the requirements of these rules or the terms
of the seafarers’ employment agreement, the shipowner
(a) fails to cover the cost of the seafarer’s repatriation; or
(b) has left the seafarer without the necessary maintenance
and support; or
(c) has otherwise unilaterally severed his ties with the
seafarer including failure to pay contractual wages for
a period of at least two months.
(2) All ships to which these rules apply shall carry on board a
certificate or other documentary evidence of financial security
issued by a financial security provider. A copy shall be posted in a
conspicuous place on board where it is available to the seafarers.
Where more than one financial security provider provides cover,
the document provided by each provider shall be carried on board.
(3) Assistance provided by the financial security system shall
be sufficient to cover the following
(a) outstanding wages and other entitlements due from the
shipowner to the seafarer under their employment
agreement, the relevant collective bargaining
agreement or these rules, limited to four months of any
such outstanding wages and four months of any such
outstanding entitlements;
(b) all expenses reasonably incurred by the seafarer,
including the cost of repatriation referred to in sub-
rule (4); and
(c) the essential needs of the seafarer including such items
as: adequate food, clothing where necessary,
accommodation, drinking water supplies, essential fuel
for survival on board the ship, necessary medical care
and any other reasonable costs or charges from the act
or omission constituting the abandonment until the
seafarer’s arrival at home.
(4) The cost of repatriation shall cover travel by appropriate
and expeditious means, normally by air, and include provision for
food and accommodation of the seafarer from the time of leaving
the ship until arrival at the seafarer’s home, necessary medical care,
passage and transport of personal effects and any other reasonable
costs or charges arising from the abandonment.
(5) The financial security shall not cease before the end of the
period of validity of the financial security unless the financial
security provider has given prior notification of at least 30 days to
the Registrar General.
(6) If the provider of insurance or other financial security has
made any payment to any seafarer in accordance with this rule,
such provider shall, up to the amount it has paid and in accordance
with the applicable law, acquire by subrogation, assignment or
otherwise, the rights which the seafarer would have enjoyed.
(7) Nothing in this rule shall prejudice any right of recourse of
the insurer or provider of financial security against third parties.
Deceased and distressed seafarers
(1) For the purpose of rules 76 to 85, both inclusive,
persons hereinafter referred to as "distressed seafarers" are
(a) any seafarer, whether a citizen of Malta or not, who is
found in any place and who has been shipwrecked
from a Maltese ship or, by reason of having been
discharged or left behind from any such ship, is in
distress in that place;
(b) any seafarer, being a citizen of Malta, who has been
engaged to serve in a ship belonging to the
Government of, or registered in, any foreign State, is
in distress in any place
Provided that the relevant authority shall facilitate the
repatriation of seafarers serving on ships which call at its ports or
pass through the territorial or internal waters of Malta as well as
their replacement on board.
(2) If three months have elapsed since a seafarer left his last
ship before he applies to the proper authority for relief, he shall not
be entitled to be dealt with under these rules.
(3) In case of shipwreck or foundering, the date on which each
seafarer will be entitled to relief may vary according to the time
when he ceases to be employed in connection with the abandoned
ship.
(1) Where a distressed seafarer is, for the purposes of his
return to a proper return port, placed on board a Maltese ship, the
master shall endorse on the seafarer ’s employment agreement,
specifying the date in which he embarks, the name and port of
registry of the ship on which the seafarer was last engaged, the port
to which the seafarer is entitled to be conveyed, together with any
particulars directed to be endorsed by the distressed seafarer.
(2) The master of every Maltese ship shall receive on board his
ship, and afford a passage and maintenance to, all distressed
seafarers whom he is required under these rules to take on board his
ship, not exceeding one for every fifty net tons, and shall during the
passage provide every such distressed seafarer with a proper berth
or sleeping place, effectually protected against sea and weather.
(1) Distressed seafarers are to be relieved and maintained
upon the most reasonable terms possible but only until
arrangements are made for their return to a proper return port, and
such arrangements are carried into effect.
(2) Distressed seafarers may, where necessary, be provided
with medical advice and treatment and supplied with clothing but
in no greater quantity than is absolutely required, and the clothing
supplied shall be of the quality the seafarers would normally wear.
(3) The relief and maintenance of a seafarer under these rules
shall continue for as long as is considered necessary by the proper
authority but, in every case in which relief is continued for more
than one month, a special report of the circumstances shall be
furnished by the proper authority to the Registrar-General.
(1) On arrival at the port to which a seafarer has been so
conveyed, the master shall produce to the proper authority at that
port a certificate, signed by the proper authority originally making
arrangements for the distressed seafarer’s return to a proper return
port, specifying the number and names of distressed seafarers
placed on board and the time when each of them was received on
board.
(2) On the production of the certificate referred to in sub-rule
(1), and of a declaration made by the master before any official
authorised to administer oaths, stating the number of days during
which each distressed seafarer had received maintenance, and
stating the full complement of his crew and the actual number of
seafarers employed on board his ship, and any variation in that
number, whilst the distressed seafarers received maintenance, the
master shall be entitled to be paid against receipt from the proper
authority, in respect of the maintenance and passage of every
seafarer so conveyed, maintained and provided for by him in excess
of the number, if any, wanted to make up the compliment of the
crew, an allowance at the rate of four euro and sixty-six cents
(€4.66) per day for every day (including part of a day) on which
that seafarer was on board the ship.
If any master of a Maltese ship fails without reasonable
cause to comply with rules 76, 77 and 78 in the case of any
distressed seafarer, he shall for each offence be liable to a fine
(multa) not exceeding one hundred units.
Whenever a ship with distressed seafarers on board, who
have been rescued or picked up at sea, arrives at a port, the proper
authority may pay the master of the ship for their subsistence an
allowance at the rate set out in rule 78.
(1) In order to provide for the passage, to a proper return
port, of a distressed seafarer suffering from mental derangement,
the proper authority, with the object of ensuring that requisite care
and attendance shall be given to such seafarer during the voyage,
may make a special arrangement with the master and agree to pay,
if necessary, such sum for the passage, in addition to the allowance
at the rate set out in rule 78, as may appear fair and reasonable
under the circumstances.
(2) A copy of the agreement so entered into shall in every case
be forwarded to the Registrar-General as soon as possible, and also
in any case where it is desirable to send the seafarer to a foreign
port, to the proper authority at that port.
(3) In the case of a seafarer arriving under such circumstances
at a port, the proper authority at that port may, in addition to the
allowance at the rate set out in rule 78, pay to the master the
amount of the extra passage money on production of such an
agreement and upon being satisfied that the seafarer has received
the special care and attendance agreed to. An immediate notice of
such a payment, together with the original agreement and the
receipt of the master for the passage money, shall be sent to the
Registrar-General.
In the case of a seafarer discharged or left behind suffering
from any illness due to his own wilful act or default or to his own
misbehaviour, who is to be dealt with under these rules, the
expense of providing necessary surgical and medical advice and
attendance and medicines, as well as the expenses of the
maintenance of the said seafarer until he is cured, or dies, or is
returned to a proper return port, and of his conveyance to such port,
and in the case of death the expenses, if any, of his burial, shall be
met as far as possible out of his wages.
(1) A seafarer, distressed or otherwise, shall be sent to a
proper return port by any reasonable route.
(2) Provision may be made for the return of a seafarer, if he is
fit to work, by providing him with suitable employment on board a
ship, proceeding to a proper return port, which is in want of
personnel to make up its complement, or, if that is not practicable,
by providing him with a passage by aircraft, ship, train or other
mode of transport, or, with the money for his passage and, as to any
part of the route which is by land, by paying the expenses of his
journey and of his maintenance during the journey, or providing
him with the means to pay those expenses.
(3) Where the master of a ship is required by these rules to
provide for the return of a discharged seafarer to a proper return
port, the master may, instead of providing the passage or the
expenses of his journey, or of providing him with the means to pay
his passage or those expenses, deposit with the officer whose
sanction or certificate is required under these rules such sum as that
officer considers sufficient to pay the expenses of the return of the
seafarer to a proper return port.
(4) Whilst a distressed seafarer is in transit to a proper return
port, the proper authority at any place at which that seafarer may
be, may pay on behalf of the authority originally making
arrangements for the distressed seafarer’s return to a proper return
port, any expenses on account of that seafarer which the authority
originally acting in respect of such seafarer could pay.
(5) Where a seafarer is repatriated as a member of a crew, he
shall be entitled to the appropriate remuneration for work done
during the voyage.
(6) If any question arises as to what return port a seafarer is to
be sent in any case, or as to the route by which he should be sent,
that question shall be decided by the officer aforesaid, and in
deciding any question under this provision, that officer shall have
regard both to the convenience of the seafarer and to the expenses
involved and also, where that is the case, to the fact that a ship
which is in want of seafarers to make up its complement is about to
proceed to a proper return port or to a port in the vicinity thereof;
but nothing in this rule shall relieve the owner from the obligation
and expense of returning the seafarer to his proper return port.
(1) Where any expenses (other than excluded expenses as
defined by this rule) are incurred by or on behalf of the
Government of Malta, or are incurred by the government or
authority of a foreign State and are repaid or repayable to that
government by or on behalf of the Government of Malta, on
account of a distressed seafarer, either for his maintenance,
necessary clothing, conveyance to a proper return port or, in case of
death, for his burial, or otherwise in accordance with these rules,
those expenses (together with the wages, if any, due to the seafarer)
shall be a charge upon the ship, whether Maltese or foreign, to
which the distressed seafarer belonged, and shall be recoverable as
a debt due to the Government of Malta from the master of the ship
or from the owner of the ship for the time being or, where the ship
has been lost, from the person who was the owner of the ship at the
time of the loss or, where the ship has been transferred to some
person not being a Maltese citizen or not being a body corporate
established under the laws of Malta, either from the owner for the
time being or from the person who was the owner of the ship at the
time of the transfer, and also, if the ship is a foreign ship, from the
owner who engaged the seafarer for service in the ship.
(2) In any proceedings for such recovery, a certificate of the
expenses signed by the person, authority or government paying the
expenses together with such vouchers (if any) as the case requires,
shall be sufficient proof that the said expenses were duly paid.
(3) For the purposes of this rule, "excluded expenses" are
expenses incurred in cases where the certificate obtained under
these rules on leaving a seafarer behind stipulates, or the Registrar-
General is otherwise satisfied, that the cause of the seafarer being
left behind is desertion, disappearance, imprisonment for
misconduct or discharge from his ship by a competent court on the
ground of misconduct, and expenses incurred on account of the
return to the proper port of a distressed seafarer who has been
d i s c h a rge d a t t h e p or t at wh i c h h e wa s sh i pp e d o r a t s om e
neighbouring port.
Saving the provisions of rule 82, all expenses incurred and
payments made by the proper authority under the provisions of
these rules shall be a charge on the Consolidated Fund.
PART IV
ACCOMMODATION AND STORES
Accommodation
For the purposes of this Part of the rules
"certifying authority" means any person authorised by the
Minister and includes a surveyor of ships appointed in terms of
article 367 of the Act and organisations or bodies of surveyors
authorised by the Minister in that behalf;
"crew accommodation" includes such sleeping rooms, mess
rooms, sanitary accommodation, hospital accommodation and
recreation accommodation as are provided for the use of the crew;
"existing ship" means a ship that is not a new ship;
"new ship" means a ship the keel of which is laid or which is at a
similar stage of construction on or after the entry into force of these
rules;
"similar stage of construction" means the stage at which
(a) construction identifiable with a specific ship begins;
and
(b) assembly of that ship has commenced comprising at
least 50 tonnes or one percent of the estimated mass of
all structural material whichever is the less.
(1) The ship’s crew shall be provided with
accommodation, including hospital accommodation, in accordance
with the provisions of these rules and related Schedules.
(2) Unless expressly provided otherwise, any requirement
under an amendment to these rules and Schedules relating to the
provisions of seafarers’ accommodation and recreational facilities
shall apply only to ships constructed on or after the amendment
takes effect.
(1) Every person to whose order a ship to which these
rules apply is being constructed shall
(a) before the construction of the ship commences, submit
for approval to the certifying authority a plan of the
ship, on a scale not smaller than 1 in 200, showing the
proposed location and general arrangement of the crew
accommodation; and
(b) before the construction of any part of the crew
accommodation is commenced, submit for approval to
the certifying authority, plans of the proposed
accommodation, on a scale not smaller than 1 in 50,
showing clearly and in detail the purpose for which
each space in the crew accommodation is to be used,
the proposed disposition of furniture and fittings, the
proposed arrangements for heating and ventilation,
lighting, sanitary arrangements, noise and vibration
and other ambient factors.
(2) The owner of a ship to which these rules apply shall, before
any reconstruction or alteration of the ship’s crew accommodation
is carried out, submit for approval to the certifying authority plans
of the proposed crew accommodation as reconstructed or altered as
the case may be, in accordance with the requirements of sub-rule
(1)(b)
Provided that if the crew accommodation is reconstructed
or altered at a place outside Malta in consequence of any
emergency or any accident to the ship, the relative plans shall be
submitted for approval to the certifying authority as soon as
practicable.
The crew accommodation of an existing ship to which
these rules apply shall comply with the requirements laid down in
the Third Schedule.
The crew accommodation of a new ship to which these
rules apply shall comply with the requirements laid down in the
Fourth Schedule.
Subject to rule 92(17), no part of the crew accommodation
provided under these rules is to be appropriated for use by
passengers.
(1) Every ship to which these rules apply carrying fifteen
seafarers or more and engaged in a voyage of more than three days’
duration, shall be provided with separate hospital accommodation
Provided that the Registrar-General may authorise
alternative arrangements in respect of ships engaged in coastal
trade.
(2) In every other ship to which these rules apply (except one
in which all seafarers have separate sleeping rooms) a suitable
room shall be appropriated for use, in case of need, as a temporary
hospital.
(3) Hospital accommodation, whether permanent or temporary,
shall be marked as such and shall not be used for any purpose other
than for medical purposes.
(4) Every hospital, whether permanent or temporary, shall be
so situated that it is as quiet and comfortable as possible and is
readily accessible in all weather -
(a) from the sleeping room of the member of the crew who
is, and is employed as, a medical practitioner or a
nurse; or
(b) if no such doctor or nurse is carried, from the master’s
accommodation or from the accommodation provided
for the person in charge of the patients.
(5) The minimum width of the entrance to any permanent
hospital shall, where practicable, be 760 millimetres and every
hospital, whether permanent or temporary, shall be so situated and
arranged that a stretcher can be easily carried into it with a person
lying on the stretcher.
(6) Every permanent hospital shall be provided with adequate
number of berths.
(7) At least one berth in every permanent hospital shall be a
single-tier berth and shall, wherever practicable, be so placed that it
is accessible from both sides and from the foot.
(8) If double-tier berths are provided in a hospital, the upper-
tier shall be either hinged or removable.
(9) Berths in permanent hospitals shall comply with the
requirements of the Schedules.
(10) All side-scuttles and windows in a permanent hospital, and
all skylights therein which are exposed to the direct rays of the sun
shall be provided with curtains or blinds.
(11) Every permanent hospital, even if served by an air
conditioning system or a mechanical ventilation system, shall be
provided with a natural system of inlet and exhaust ventilation to
the open air independent of any ventilators provided for other parts
of the ship.
(12) Unless otherwise provided in this rule, hospital
accommodation shall comply with the requirements of Appendices
I and II, paragraphs 9.1 to 11.8 of the Third Schedule and the
requirements of paragraphs 2 and 3 of the Fourth Schedule and
Appendices II, III and IV with regard to ventilation, heating and
lighting.
(13) A suitable locker, a water bottle, a tumbler, and an electric
bell push communicating with the sleeping room of the doctor,
nurse or the person in charge of the patient, shall be provided for
each berth in the hospital accommodation and shall be within reach
of that berth.
(14) The hospital accommodation shall be provided with a
clothes locker, an adequate number of seats and a bed pan.
(15) A wash basin with cold and hot water laid on to it shall be
fitted in every permanent hospital or in washing accommodation in
the hospital.
(16) A water closet provided with the items specified in
Appendix I, paragraph 17.9 and Appendix II, paragraph 17.14 of
the Third Schedule shall be fitted in every permanent hospital
either in a separate closet or in washing accommodation in the
hospital.
(17) In passenger ships, the hospital may be provided to serve
both crew and passengers.
(1) A locked cabinet or a locked container suitable for
storing medicines and the medical stores shall be well ventilated
and fitted in a place in the crew area for the ship which -
(a) is always dry;
(b) is readily accessible from the permanent or temporary
hospital; and
(c) is not subject to abnormal heat.
(2) Where a medical cabinet is fitted it shall be provided with
the following
(a) an outer door with an efficient lock;
(b) where controlled drugs are to be stored, an inner
cupboard fitted with a door and a lock which cannot be
opened by the same key as the lock to the outer door;
and
(c) a dispensing counter with a surface that can be easily
kept clean.
(3) Where a medical cabinet is fitted it shall be lit by an
electric light (which may be inside or immediately outside it) which
enables the contents to be clearly seen.
(1) The crew and hospital accommodation shall be
maintained in a clean and habitable condition and all equipment
and installations required by these rules shall be maintained in
good working order.
(2) Every part of the crew accommodation, except store rooms,
shall be kept free from stores and other property not belonging to or
provided for the use of persons for whom that part of the
accommodation is appropriated.
(3) The master of the ship or the officer appointed by the
master for the purpose shall inspect every part of the crew and
hospital accommodation at intervals not exceeding seven days and
shall be accompanied on the inspection by at least one member of
the crew.
(4) The master of the ship or the officer appointed by the
master for the purpose of inspecti ng t he crew and h ospital
accommodation shall cause to be entered in the ship’s official log
book a record of -
(a) the date and time of the inspection;
(b) the name and rank of the officer making the
inspection; and
(c) the particulars regarding the crew and hospital
accommodation or any parts found by any of the
persons making the inspection that do not comply with
these rules.
(1) The crew and hospital accommodation of a ship to
which these rules apply shall be surveyed by the certifying
authority whenever -
(a) the ship is or is being registered as a Maltese ship
under Part II or Part IIA of the Act; or
(b) all or part of the crew or hospital accommodation of a
Maltese ship undergoes substantial alteration or repair.
(2) If the Registrar-General is not satisfied that the ship
complies with the requirements of these rules, he may
(a) request that measures be taken so the ship complies
with these rules; or
(b) detain the ship.
(1) The Registrar-General may, taking into consideration
the special circumstances that apply to each individual ship and
following consultation with the owner of the ship and with the bona
fide seafarers’ union representing the crew of the ship, allow
variations from the requirements of these rules in the case of
(a) ferries and similar ships which are not continuously
manned with one permanent crew;
(b) ships with additional repair personnel temporarily
embarked for repairs;
(c) ships engaged in such short voyages which allow the
crew to go home or make use of comparable facilities
for part of the day; and
(d) any ship, provided that the variations to be made
provide corresponding advantages as a result of which
the overall conditions are not less favourable than
those which would result from the full application of
the requirements of these rules and respective
Schedules.
(2) The Registrar-General may, in the case of ships the
manning of which has to take account, without discrimination, of
the interest of the crew having different and distinctive religions
and social practices, or the low or infrequent operational activity of
the ship, and following consultation with the organisations of
shipowners and with the bona fide seafarers’ union and subject to
agreement between the said two parties, allow variations from the
requirements of the Fourth Schedule provided that such variations
do not result in overall facilities less favourable than those which
would result from the application of the requirements under this
rule.
Medical stores
(1) For the purpose of rules 98 to 106, both inclusive -
''antidote'' means a substance used to prevent or treat a harmful
effect or effects, direct or indirect, of one or more dangerous
substances;
''dangerous substances'' means substances listed as such in the
Sixth Schedule.
(2)
Any reference to the British Pharmacopoeia, the European
Pharmacopoeia, or the British National Formulary shall, in its
application to a particular case, be construed as a reference to the
edition thereof current at, or not more than three months before, the
time in question.
(3) Any reference to a publication includes a reference to any
amendment thereof published before the date on which these rules
come into force, and shall include any document amending the
same, or shall mean any new edition thereof together with any
document amending the same.
(4) This rule and rules 98 to 106, both inclusive, and the Fifth,
Sixth, Seventh and Eighth Schedules implement Directive 92/29/
EEC of 31st March 1992 on the minimum safety and health
requirements for improved medical treatment on board vessels, so
far as that Directive relates to the carriage of medicines and other
medical stores. Unless otherwise defined in these rules or unless
the context otherwise requires, words and expressions used in the
aforementioned rules shall have the same meaning assigned to them
in that Directive.
(1) Every ship to which these rules apply shall carry on
board medical stores specified in Parts I and II of the Fifth
Schedule for the category of ship to which it belongs.
(2)
The categories of ships referred to in the Fifth Schedule
are
-
Category A ships are sea-going ships with no
limitation on length of voyages;
-
Category B ships are sea-going ships making voyages
of less than 150 nautical miles from the nearest port
with adequate medical equipment;
-
Category C ships are harbour vessels, boats and craft
staying very close to shore or with no cabin
accommodation other than a wheelhouse.
(3) For each of its life rafts and life boats, every ship to which
these rules apply shall carry a watertight medicine chest at least
containing the medical supplies specified in Parts I and II of the
Fifth Schedule for Category C ships.
(4) Subject to sub-rule (1), every ship to which these rules
apply carrying dangerous substances shall carry on board at least
the antidotes specified in Part III of the Fifth Schedule.
(5) Subject to sub-rule (1) and notwithstanding the provisions
of sub-rule (4), any ferry-type ship to which these rules apply
carrying dangerous substances shall carry on board at least the
antidotes specified in Part III of the Fifth Schedule
Provided that in the case of a ferry-type ship operating on a
regular route where the crossing is due to last less than two hours,
the antidotes may be limited to those which have to be administered
in cases of extreme emergency wi thin a period of tim e not
exceeding the normal duration of the crossing.
(1) The master shall be responsible for the management of
the medical stores
Provided that, without prejudice to such responsibility, the
master may delegate the use and maintenance of the medical stores
to one of the ship’s officers.
(2) The master or a ship officer responsible for the
management of the medical stores shall have received special
training updated periodically, at least every five years, taking into
account the specific risks and needs connected with the different
categories of ships referred to in the Fifth Schedule, and in
accordance with the general guidelines set out in the Eighth
Schedule.
All medical stores required by these rules to be kept on
board a ship shall conform to the standards and requirements of the
British National Formulary, the British Pharmacopoeia, the
European Pharmacopoeia, or the United States Pharmacopoeia, and
with the requirements set out in the Fifth Schedule.
(1) Without prejudice to any other law, any container of
medical stores required by rule 98 to be kept on board a ship -
(a) shall have in English on a label the particulars
specified in sub-rule (3);
(b) in the case of a container of tablets or capsules, shall
be capable of reclosure to prevent ingress of moisture;
(c) in the case of a container of disinfectant, shall not
show deleterious reaction with the disinfectant after
storage in normal conditions for six months;
(d) in the case of a container of insecticide, shall be
airtight, water-tight, packed in a suitable and sturdy
case and, if the container is a pressure canister, have a
cap or other means of protecting the valve against
accidental opening when the canister is not in use;
(e) in the case of medicine or disinfectant not in the
container supplied by its manufacturer, shall be packed
in a sturdy, brown-coloured or non-translucent
container;
(f)
in the case of a container of oxygen, shall have in
English on a label a notice indicating that it is highly
explosive and that no smoking is allowed in its
vicinity.
(2) Any label referred to in sub-rule (1)(a) and (f) shall either
be firmly affixed to the container and rendered resistant to moisture
by varnish or other effective means or be an integral part of the
container.
(3) The particulars required by sub-rule (1)(a) to be shown on
labels are
(a) the ordering name by which the medical store is
referred to in the Fifth Schedule;
(b) any storage requirements laid down in any of the
publications referred to in rule 100, elsewhere in these
rules or in the Schedules to these rules;
(c) if the medical stores are perishable, the expiry date as
defined in rule 103;
(d) the name and address of the supplier of the medical
stores, the product licence number and batch number;
(e) in the case of any container of a disinfectant or of an
antiseptic prescribed in any of the categories set out in
the Fifth Schedule, the dilution recommended for any
purpose stated thereon;
(f)
in the case of a container of hypochlorite, a notice
indicating that the chemical may combust
spontaneously and that the hypochlorite should be
stored in a cool dark place; and
(g) any further information required by the Fifth Schedule.
(1) Any medical store required to be carried by rule 98,
shall be stored in accordance with any instructions on its container.
(2) Any medicine which is a controlled drug shall be stored in
accordance with the requirements for controlled drugs contained in
the Ship Captain’s Medical Guide.
(3) Subject to sub-rule (2), any medicine mentioned in sub-rule
(1), unless it is required to be kept in a refrigerator or in a first aid
satchel or box, shall be stored in a medical cabinet, if available, or
otherwise in a cool, dry, locked cabinet or locked container.
(4) Any medical stores kept in a hyperbaric decompression
chamber or otherwise in such a way as not to be readily accessible
at all times to the master or any person authorised by him shall not
be taken into account in respect of the requirements of these rules.
Where -
(a) a ship is required in pursuance of rule 98 to have on
board any medical stores specified in the Fifth
Schedule, and
(b) any label required by rule 101(1)(a) to be borne by any
container of any such medical stores, indicates a date
after which the medical store contained in it is not to
be used (hereinafter called 'the expiry date'),
that medical store shall be replaced at the earliest possible date
after the expiry date, and in any event within three months of the
expiry date. Medical stores which have passed the expiry date shall,
once replacements have been obtained, or after three months
(whichever is the earlier), be disposed of in accordance with the
Ship Captain’s Medical Guide
Provided that in an emergency the required medical stores
which are not available on board shall be made available as soon as
possible.
The owner of a ship to which these rules apply shall be
responsible for the cost of any medical stores including the cost of
periodic replacements.
A ship to which these rules apply shall carry guides as to
the use of medical stores required to be carried on board by rule 98,
including in particular instructions for the use of antidotes. Due
regard shall be made to the publications listed in the Seventh
Schedule.
The owner of a ship to which these rules apply shall ensure
that the medical stores are inspected by a competent person at least
once a year to ensure that -
(a) the ship is carrying the medical stores which it is
required to carry;
(b) such medical stores are correctly stored;
(c) any perishable medicines have been replaced in
accordance with the requirements of rule 103.
Provisions and water
(1) It shall be the duty of the owner and master of every
ship to ensure that there shall be provided on their ship provisions
and water which -
(a) are suitable in respect of quantity, nutritive value,
quality and variety having regard to the size of the
crew, the duration and nature of the voyage, and the
quantity set out in the Ninth Schedule;
(b) do not contain anything which is likely to cause
sickness or injury to health or which renders any
provision or water unpalatable;
(c) are otherwise fit for consumption;
(d) are free of charge during the engagement.
(2) In complying with the obligation of sub-rule (1), the owner
and master shall strive to give consideration to cultural and
religious requirements, for which exemptions are customarily
provided for.
(3) The organisation and equipment of the catering department
shall be such as to permit the provision to the seafarers of adequate,
varied, balanced and nutritious meals prepared and served in hygienic
conditions.
The master, or any officer authorised by the master, shall,
together with a member of the crew employed in catering on the
ship, inspect not less than once a week provisions and water for the
purpose of checking whether the provisions and water still comply
with rule 107(1), all spaces and equipment used for the storage and
h a n d li n g o f f o o d an d dr i n ki n g w a t e r ; a nd ga l le y an d o t h e r
equipment for the preparation and service of meals. The results of
such inspections shall be recorded in the official log book of the
ship.
(1) The ship’s cook and catering staff shall be properly
trained and certified in the preparation of nutritionally balanced
meals served in strict hygienic conditions.
(2) No ship’s cook and catering staff shall be engaged as such
on a Maltese ship unless such person has completed a training
course approved or recognised by the competent authority.
(3) The competent authority may recognise certificates issued
by or under the authority of another Party to the Convention which
has ratified the same or has ratified the ILO Certification of Ships’
Cooks Convention, 1946 (No. 69).
(4) Ships operating with a prescribed manning of less than ten
which, by virtue of the size of the crew or the trading pattern, may
not be required by the competent authority to carry a fully qualified
cook
Provided that anyone processing food in the galley shall be
trained and instructed in areas including food and personal hygiene
as well as handling and storage of food on board ships
Provided further that the competent authority may permit,
in circumstances of exceptional necessity, a non-fully qualified
cook to serve on a specific ship, until the next convenient port of
call, but not for periods exceeding one month. Such person shall
however be fully qualified in all hygiene related matters related to
food handling and storage.
(5) No seafarer under the age of eighteen years shall be
employed or engaged or work as a ship’s cook.
For the purposes of article 150A of the Act, the sums
payable to a person for short or bad provisions shall be the
following
(a) if the allowance is reduced by not more than one-third
of the quantity, a sum not exceeding one unit a day;
(b) if the allowance is reduced by more than one-third, a
sum not exceeding two units a day;
(c) in respect of bad or deficient quality of provisions, a
sum not exceeding three units a day.
PART V
HEALTH AND SOCIAL WELFARE
Shipowner’s liability for medical care
For the purposes of article 168A of the Act, the Registrar
General may at any time, and in particular whenever he is requested
to issue or renew any certificate of registry issued to a ship under
the Act, demand evidence that adequate insurance cover has been
duly obtained and is in effect covering the liability risks which are
contemplated in article 168A of the Act.
Without prejudice to article 158 of the Act, in the event of
any sickness, disease or injury suffered by any seafarer, the
shipowner shall, on the same basis as provided in the said rule
(a) provide, at his own expense, for adequate board and
lodging for such seafarer;
(b) pay such seafarer who is, by reason of such sickness,
disease or injury rendered incapable for work
(i)
wages for such time as the seafarer remains on
board or is repatriated in accordance with these
rules; and
(ii) without prejudice to rule 56, where the said
seafarer is no longer on board, a sum of money
equivalent to the wages (exclusive of bonuses)
that, but for his sickness, disease or injury,
would have accrued in his favour during the
continuance of his sickness, disease or injury, or
during a period of sixteen weeks, whichever
period is shorter
Provided that where the seafarer entitled to receive such
payment mentioned in paragraph (b)(ii) has remained on board for
any period of time following the onset of his sickness, disease or
injury, any wages received during such period shall be deducted
from any payment to which he would be entitled in accordance with
the said paragraph (b)(ii).
Ships which do not require a medical doctor onboard as
stipulated in rule 36 shall be required to have either at least one
seafarer on board who is in charge of medical care and
administering medicine as part of their regular duties or at least one
seafarer on board competent to provide medical first aid. Seafarers
in charge of medical care on board who are not medical doctors
shall have satisfactorily completed training in medical care that
meets the requirements of the STCW Convention for mandatory
minimum requirements related to medical first aid and medical
care.
(1) The system of financial security to assure
compensation for contractual claims, shall meet the following
minimum requirements
(a) the contractual compensation, where set out in the
seafarer’s employment agreement and without
prejudice to paragraph (c), shall be paid in full and
without delay;
(b) there shall be no pressure to accept a payment less than
the contractual amount;
(c) where the nature of the long-term disability of a
seafarer makes it difficult to assess the full
compensation to which the seafarer may be entitled, an
interim payment or payments shall be made to the
seafarer so as to avoid undue hardship;
(d) the seafarer shall receive payment without prejudice to
other legal rights, but such payment may be offset by
the shipowner against any damages resulting from any
other claim made by the seafarer against the shipowner
and arising from the same incident; and
(e) the claim for contractual compensation may be
brought directly by the seafarer concerned, or their
next of kin, or a representative of the seafarer or
designated beneficiary.
(2) Seafarers shall receive prior notification if a shipowner’s
financial security is to be cancelled or terminated.
(3) The Registrar General shall be notified by the provider of
the financial security if a shipowner ’s financial security is
cancelled or terminated.
(4) All ships to which these rules apply shall carry on board a
certificate or other documentary evidence of financial security
issued by a financial security provider. A copy shall be posted in a
conspicuous place on board where it is available to the seafarers.
Where more than one financial security provider provides cover,
the document provided by each provider shall be carried on board.
(5) The financial security shall not cease before the end of the
period of validity of the financial security unless the financial
security provider has given prior notification of at least 30 days to
the Registrar General.
(6) The financial security shall provide for the payment of all
contractual claims covered by it which arise during the period for
which the document is valid.
Health and safety protection
(1) It shall be the duty of every shipowner to carry out an
assessment of all the occupational health and safety hazards which
may be present onboard the ship and the resultant risks involved
concerning all aspects of the work activity. Such assessments shall
consider the risks to the health and safety of the seafarers
Provided that, when carrying out such assessments, the
shipowner shall also take into consideration changes to the work
activities being carried out and to the ship’s structure or operational
use, and shall take appropriate action.
(2) The shipowner shall keep onboard the ship written or
retrievable electronic copies of such assessments, and shall ensure
that they are updated regularly.
(3) Such assessments shall be posted in those places which are
being addressed by the assessment in such manner as to be clearly
readable by the seafarers concerned.
(4) The shipowner shall implement the protective measures
appropriate to the nature of the work being carried out which are
required to be taken following these assessments and, if necessary,
the protective equipment to be used, in accordance with recognised
industry standards which may be regulated by Maltese law or
international treaties.
(5) The assessments referred to in this rule shall be reviewed
whenever there is any major change in working conditions, or
whenever the shipowner or seafarer concerned by the assessments
have reason to suspect that they are no longer valid.
The shipowner may delegate to such persons or recognised
organisations recognised by the competent authority in ensuring
compliance with t he provisions o f th e s e ru le s , to d raw t he
occupational health and safety hazards assessments in accordance
with rule 114.
In drawing up occupational health and safety hazards
assessments, the shipowner shall give particular attention to
(a) the duties of the master to take specific responsibility
for the implementation of and compliance with the
ship’s occupational safety and health policy and
programme, and
(b) the safety and health of seafarers under the age of
eighteen years.
The shipowner shall specify the authority of the ship’s
s e a f a r e r s a p p o i n t e d o r e l e c t e d a s sa f e t y r e p r e s e n t a t i v e s t o
participate in meetings of the ship’s safety committee. Such a
committee shall be established on board a ship on which there are
five or more seafarers.
Reasonable precautions shall be taken to prevent
occupational accidents, injuries and diseases onboard the ship,
including through the provision of all necessary appropriately-sized
personal protective equipment and measures to reduce and prevent
the risk of exposure to harmful levels of ambient factors and
chemicals, as well as the risk of injury or disease that may arise
from the use of equipment and machinery onboard the ship.
Shipowners are obliged to adequately investigate, record and
report all deaths of seafarers employed, engaged or working onboard
Maltese flagged ships to the competent authority.
PART VI
RECORDS AND COMPLAINTS PROCEDURE
Complaints
All ships shall have on-board procedures for the fair,
effective and expeditious handling of seafarer complaints alleging
breaches of these rules. Such procedures shall seek to resolve
complaints at the lowest level possible
Provided that seafarers have a right to complain directly to
the master and, where they consider it necessary, to appropriate
external authorities.
The on-board complaint procedures shall include the right
of the seafarer to be accompanied or represented during the
complaint procedure, as well as safeguards against the possibility
of victimisation of seafarers for filing complaints which are neither
manifestly vexatious nor maliciously made.
In addition to a copy of their seafarers’ employment
agreement, all seafarers shall be provided with a copy of the on-
board complaint procedures applicable on the ship. This shall
include contact information about the competent authority and the
name of the person or persons on board the ship who can, on a
confidential basis, provide seafarers with impartial advice on their
complaint and otherwise assist them in following the complaint
procedures available to them on board the ship.
The provisions in rules 118 to 125, both inclusive, are
without prejudice to a seafarer ’s right to seek redress through
whatever legal means the seafarer considers appropriate.
(1) If a seafarer whilst on board states to the master of the
ship his desire to make a complaint to the Registrar-General, or to
an inspector, or to a Maltese consular officer, against any member
of the crew being inclusive of the master, the master shall, as soon
as the service of the ship will permit -
(a) if the ship is at a place where there is any such person
as aforesaid to whom the complaint is to be made, after
such statement; and
(b) if the ship is not then at such place, after her first
arrival at such a place,
allow the complainant to go ashore or send him ashore in proper
custody so that he may be enabled to make his complaint.
(2) The master of a ship shall not coerce the seafarer into
divulging the identity of persons against whom the complaint is
being lodged or the nature of the complaint.
(3) If the master of a ship fails without reasonable cause to
comply with this rule, he shall for each offence be liable to a fine
(multa) not exceeding ten units.
(1) Where -
(a) the Registrar-General receives a complaint which is
not considered manifestly unfounded, or obtains
evidence that a ship which flies the Maltese flag does
not comply with these rules; or
(b) there are serious deficiencies in the implementation of
the measures set out in the Declaration of Maritime
Labour Compliance as provided in rule 128,
the Registrar-General shall take the steps necessary to investigate
the matter and ensure that action is taken to remedy any
deficiencies found in accordance with rule 129(1).
(2) The identity of the person lodging the complaint must not
be revealed to the master or the owner of the ship concerned, or
give any intimation that an inspection was carried out following
such a complaint.
(3) Any person lodging a complaint with flag or port
authorities which is found to be without basis in fact and done
maliciously or vexatiously will be subject to disciplinary
provisions.
(1) When carrying out an inspection in order to obtain
evidence that a ship does not comply with the relevant
requirements the Registrar-General shall determine whether -
(a) a table complying with rule 41(2) is posted-up in a
prominent and accessible place on the ship; and
(b) records are being maintained in compliance with rule
43; and
(c) there is proof that such records have been endorsed by
the maritime administration of the State in which the
ship is registered.
(2)
Where -
(a) a complaint has been received, or
(b) the Registrar-General, from own observations on
board, believes that seafarers may be unduly fatigued,
the Registrar-General, or the inspector, shall carry out a more
detailed inspection, in accordance with sub-rule (1), to determine
whether the hours of rest recorded comply with the standards laid
down in rule 39 and that they have been duly observed, and shall
inspect and take into account other records relating to the operation
of the ship.
(1) Any contravention by -
(a) the master of a ship, of rules 38, 41(1), 42(3) or 43(1),
(2)(e) or (3);
(b) an employer, of rule 38;
(c) a person authorised by the master of a ship, of rule
41(1) or 43(1) or (2)(e); or
(d) a company which has assumed the operation of the
ship, of rule 43(3) or rule 46,
shall be liable to a fine (multa) of not more than one thousand units
for each offence.
(2) Where there is a contravention of rule 39(3) or (4) the
master of the ship shall for each offence be liable to a fine (multa)
of not more than five hundred units.
(3) Where there is a contravention of rule 44(1) the employer
of the seafarer under the age of eighteen years shall be liable to a
fine (multa) of not more than five hundred units.
(4) Where there is a contravention of rule 47 the employer of
the seafarer shall be liable to a fine (multa) of not more than one
thousand units.
PART VII
ENFORCEMENT
(1) This Part of the rules applies to ships of
(a) 500 gross tonnage or over, engaged in international
voyages; and
(b) 500 gross tonnage or over, flying the Maltese flag and
operating from a port, or between ports, in another
State.
(2) For the purposes of this Part of the rules "international
voyage" means a voyage from a State to a port outside such a State.
(3) This Part also applies to any ship registered under the Act
and which is not covered by sub-rule (1), at the request of the
shipowner.
It shall be the duty of the shipowner and of the master to
ensure that the ship is in compliance with the provisions of these
rules and such person, if in fault, shall be liable to the penalties
provided for in the Act; and if no such penalty is provided for, such
person shall for each offence be liable to a fine (multa) not
exceeding five hundred units.
(1) No Maltese ship to which this Part applies shall
proceed to sea or attempt to proceed to sea on an international
voyage unless there is in force in respect of the ship a Maritime
Labour Certificate and a Declaration of Maritime Labour
Compliance, in the approved form or as near thereto as
circumstances permit.
(2) No ship to which this Part applies shall proceed to sea or
attempt to proceed to sea on an international voyage from Maltese
waters unless there is in force in respect of the ship a Maritime
Labour Certificate and a Declaration of Maritime Labour
Compliance.
(3) The master of every ship to which the provisions of sub-
rule (2) apply shall produce to the officer from whom a clearance
for the ship is demanded, at the time a clearance for the ship is
demanded for a voyage from Malta to a port or place outside
Maltese waters, the certificate and declaration referred to in the
said sub-rule to be in force when the ship proceeds to sea on an
international voyage, and a clearance shall not be granted, and the
ship may be detained, until the said certificate and declaration are
so produced.
(4) The appropriate fee for the issue of a Declaration of
Maritime Labour Compliance Part I shall be of fifty euro (€50).
(1) The Registrar-General, or an appropriate inspector,
may inspect any ship to which these rules apply and if satisfied that
the ship is not in compliance with the provisions of these rules and
the applicable requirements of the Convention, the Registrar-
General shall take such steps as are considered necessary to ensure
that the ship shall not sail until it can proceed to sea without
presenting an unreasonable threat of harm to the working and living
conditions of seafarers and any expenses incurred therefor shall be
a charge on the ship, so however that the ship shall not be unduly
detained or delayed.
(2) For the purposes of this rule, the provisions of article
154(2) and (3) of the Act shall mutatis mutandis apply to the
Registrar-General and to appropriate inspectors.
Any certificate issued in terms of the Merchant Shipping
(Distressed Seamen) Regulations, 1973, the Merchant Shipping
(Provisions and Water) Regulations, 2001, the Merchant Shipping
(Medical Stores) Regulations, 2002, the Merchant Shipping
(Medical Examination) Regulations, 2001, the Merchant Shipping
(Minimum Wage) Regulations, 2002, the Merchant Shipping
(Hours of Work) Regulations, 2002, the Merchant Shipping
(Protection of Seamen) Regulations, 2003, the Merchant Shipping
(Safe Manning and Watchkeeping) Regulations, 2003 and the
Merchant Shipping (Crew Accommodation) Regulations, 2004
(revoked by these rules) shall remain valid until their expiry and
shall not be renewed unless they comply with the provisions of
these rules.
FIRST SCHEDULE (Rule 41)
SECOND SCHEDULE (Rule 43)