Конвенция о труде в морском судоходстве (КТМС-2006)

Maritime Labour Convention, 2006

(a)

public and customary holidays recognized as such in the flag State, whether or
not they fall during the annual leave with pay;

(b)

periods of incapacity for work resulting from illness or injury or from maternity,
under conditions as determined by the competent authority or through the ap-
propriate machinery in each country;

(c)

temporary shore leave granted to a seafarer while under an employment agree-
ment; and

(d)

compensatory leave of any kind, under conditions as determined by the compe-
tent authority or through the appropriate machinery in each country.

Guideline B2.4.2 – Taking of annual leave

The time at which annual leave is to be taken should, unless it is fixed by

regulation, collective agreement, arbitration award or other means consistent with
national practice, be determined by the shipowner after consultation and, as far as pos-
sible, in agreement with the seafarers concerned or their representatives.

Seafarers should in principle have the right to take annual leave in the place

with which they have a substantial connection, which would normally be the same as the
place to which they are entitled to be repatriated. Seafarers should not be required with-
out their consent to take annual leave due to them in another place except under the pro-
visions of a seafarers’ employment agreement or of national laws or regulations.

If seafarers are required to take their annual leave from a place other than

that permitted by paragraph 2 of this Guideline, they should be entitled to free trans-
portation to the place where they were engaged or recruited, whichever is nearer their
home; subsistence and other costs directly involved should be for the account of the
shipowner; the travel time involved should not be deducted from the annual leave with
pay due to the seafarer.

A seafarer taking annual leave should be recalled only in cases of extreme

emergency and with the seafarer’s consent.

Guideline B2.4.3 – Division and accumulation

The division of the annual leave with pay into parts, or the accumulation of

such annual leave due in respect of one year together with a subsequent period of leave,
may be authorized by the competent authority or through the appropriate machinery in
each country.

Subject to paragraph 1 of this Guideline and unless otherwise provided in an

agreement applicable to the shipowner and the seafarer concerned, the annual leave
with pay recommended in this Guideline should consist of an uninterrupted period.

Guideline B2.4.4 – Young seafarers

Special measures should be considered with respect to young seafarers under

the age of 18 who have served six months or any other shorter period of time under a col-
lective agreement or seafarers’ employment agreement without leave on a foreign-going
ship which has not returned to their country of residence in that time, and will not return
in the subsequent three months of the voyage. Such measures could consist of their re-
patriation at no expense to themselves to the place of original engagement in their coun-
try of residence for the purpose of taking any leave earned during the voyage.

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Conditions of employment

Regulation 2.5 – Repatriation

Purpose: To ensure that seafarers are able to return home

Seafarers have a right to be repatriated at no cost to themselves in the cir-

cumstances and under the conditions specified in the Code.

Each Member shall require ships that fly its flag to provide financial security

to ensure that seafarers are duly repatriated in accordance with the Code.

Standard A2.5 – Repatriation

Each Member shall ensure that seafarers on ships that fly its flag are entitled

to repatriation in the following circumstances:
(a)

if the seafarers’ employment agreement expires while they are abroad;

(b)

when the seafarers’ employment agreement is terminated:
(i)

by the shipowner; or

(ii)

by the seafarer for justified reasons; and also

(c)

when the seafarers are no longer able to carry out their duties under their
employment agreement or cannot be expected to carry them out in the specific
circumstances.

Each Member shall ensure that there are appropriate provisions in its laws

and regulations or other measures or in collective bargaining agreements, prescribing:
(a)

the circumstances in which seafarers are entitled to repatriation in accordance
with paragraph 1(b) and (c) of this Standard;

(b)

the maximum duration of service periods on board following which a seafarer is
entitled to repatriation – such periods to be less than 12 months; and

(c)

the precise entitlements to be accorded by shipowners for repatriation, including
those relating to the destinations of repatriation, the mode of transport, the items
of expense to be covered and other arrangements to be made by shipowners.

Each Member shall prohibit shipowners from requiring that seafarers make an

advance payment towards the cost of repatriation at the beginning of their employment,
and also from recovering the cost of repatriation from the seafarers’ wages or other en-
titlements except where the seafarer has been found, in accordance with national laws or
regulations or other measures or applicable collective bargaining agreements, to be in
serious default of the seafarer’s employment obligations.

National laws and regulations shall not prejudice any right of the shipowner

to recover the cost of repatriation under third-party contractual arrangements.

If a shipowner fails to make arrangements for or to meet the cost of repatri-

ation of seafarers who are entitled to be repatriated:
(a)

the competent authority of the Member whose flag the ship flies shall arrange for
repatriation of the seafarers concerned; if it fails to do so, the State from which
the seafarers are to be repatriated or the State of which they are a national may
arrange for their repatriation and recover the cost from the Member whose flag
the ship flies;

(b)

costs incurred in repatriating seafarers shall be recoverable from the shipowner
by the Member whose flag the ship flies;

(c)

the expenses of repatriation shall in no case be a charge upon the seafarers, ex-
cept as provided for in paragraph 3 of this Standard.

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Maritime Labour Convention, 2006

Taking into account applicable international instruments, including the Inter-

national Convention on Arrest of Ships, 1999, a Member which has paid the cost of re-
patriation pursuant to this Code may detain, or request the detention of, the ships of
the shipowner concerned until the reimbursement has been made in accordance with
paragraph 5 of this Standard.

Each Member shall facilitate the repatriation of seafarers serving on ships

which call at its ports or pass through its territorial or internal waters, as well as their
replacement on board.

In particular, a Member shall not refuse the right of repatriation to any sea-

farer because of the financial circumstances of a shipowner or because of the ship-
owner’s inability or unwillingness to replace a seafarer.

Each Member shall require that ships that fly its flag carry and make avail-

able to seafarers a copy of the applicable national provisions regarding repatriation
written in an appropriate language.

Guideline B2.5 – Repatriation

Guideline B2.5.1 – Entitlement

Seafarers should be entitled to repatriation:

(a)

in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of the
period of notice given in accordance with the provisions of the seafarers’ employ-
ment agreement;

(b)

in the cases covered by Standard A2.5, paragraph 1(b) and (c):
(i)

in the event of illness or injury or other medical condition which requires
their repatriation when found medically fit to travel;

(ii)

in the event of shipwreck;

(iii) in the event of the shipowner not being able to continue to fulfil their legal

or contractual obligations as an employer of the seafarers by reason of in-
solvency, sale of ship, change of ship’s registration or any other similar
reason;

(iv) in the event of a ship being bound for a war zone, as defined by national

laws or regulations or seafarers’ employment agreements, to which the sea-
farer does not consent to go; and

(v)

in the event of termination or interruption of employment in accordance
with an industrial award or collective agreement, or termination of employ-
ment for any other similar reason.

In determining the maximum duration of service periods on board following

which a seafarer is entitled to repatriation, in accordance with this Code, account
should be taken of factors affecting the seafarers’ working environment. Each Member
should seek, wherever possible, to reduce these periods in the light of technological
changes and developments and might be guided by any recommendations made on the
matter by the Joint Maritime Commission.

The costs to be borne by the shipowner for repatriation under Standard A2.5

should include at least the following:
(a)

passage to the destination selected for repatriation in accordance with para-
graph 6 of this Guideline;

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Conditions of employment

(b)

accommodation and food from the moment the seafarers leave the ship until they
reach the repatriation destination;

(c)

pay and allowances from the moment the seafarers leave the ship until they reach
the repatriation destination, if provided for by national laws or regulations or col-
lective agreements;

(d)

transportation of 30 kg of the seafarers’ personal luggage to the repatriation
destination; and

(e)

medical treatment when necessary until the seafarers are medically fit to travel
to the repatriation destination.

Time spent awaiting repatriation and repatriation travel time should not be

deducted from paid leave accrued to the seafarers.

Shipowners should be required to continue to cover the costs of repatriation

until the seafarers concerned are landed at a destination prescribed pursuant to this
Code or are provided with suitable employment on board a ship proceeding to one of
those destinations.

Each Member should require that shipowners take responsibility for repatri-

ation arrangements by appropriate and expeditious means. The normal mode of trans-
port should be by air. The Member should prescribe the destinations to which seafarers
may be repatriated. The destinations should include the countries with which seafarers
may be deemed to have a substantial connection including:
(a)

the place at which the seafarer agreed to enter into the engagement;

(b)

the place stipulated by collective agreement;

(c)

the seafarer’s country of residence; or

(d)

such other place as may be mutually agreed at the time of engagement.

Seafarers should have the right to choose from among the prescribed desti-

nations the place to which they are to be repatriated.

The entitlement to repatriation may lapse if the seafarers concerned do not

claim it within a reasonable period of time to be defined by national laws or regulations
or collective agreements.

Guideline B2.5.2 – Implementation by Members

Every possible practical assistance should be given to a seafarer stranded in

a foreign port pending repatriation and in the event of delay in the repatriation of the
seafarer, the competent authority in the foreign port should ensure that the consular
or local representative of the flag State and the seafarer’s State of nationality or State
of residence, as appropriate, is informed immediately.

Each Member should have regard to whether proper provision is made:

(a)

for the return of seafarers employed on a ship that flies the flag of a foreign country
who are put ashore in a foreign port for reasons for which they are not responsible:
(i)

to the port at which the seafarer concerned was engaged; or

(ii)

to a port in the seafarer’s State of nationality or State of residence, as ap-
propriate; or

(iii) to another port agreed upon between the seafarer and the master or ship-

owner, with the approval of the competent authority or under other appro-
priate safeguards;

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Maritime Labour Convention, 2006

(b)

for medical care and maintenance of seafarers employed on a ship that flies the
flag of a foreign country who are put ashore in a foreign port in consequence of
sickness or injury incurred in the service of the ship and not due to their own wil-
ful misconduct.

If, after young seafarers under the age of 18 have served on a ship for at least

four months during their first foreign-going voyage, it becomes apparent that they are
unsuited to life at sea, they should be given the opportunity of being repatriated at no
expense to themselves from the first suitable port of call in which there are consular
services of the flag State, or the State of nationality or residence of the young seafarer.
Notification of any such repatriation, with the reasons therefor, should be given to the
authority which issued the papers enabling the young seafarers concerned to take up
seagoing employment.

Regulation 2.6 – Seafarer compensation for the ship’s loss or foundering

Purpose: To ensure that seafarers are compensated when a ship is lost
or has foundered

Seafarers are entitled to adequate compensation in the case of injury, loss or

unemployment arising from the ship’s loss or foundering.

Standard A2.6 – Seafarer compensation for the ship’s loss or foundering

Each Member shall make rules ensuring that, in every case of loss or found-

ering of any ship, the shipowner shall pay to each seafarer on board an indemnity
against unemployment resulting from such loss or foundering.

The rules referred to in paragraph 1 of this Standard shall be without preju-

dice to any other rights a seafarer may have under the national law of the Member con-
cerned for losses or injuries arising from a ship’s loss or foundering.

Guideline B2.6 – Seafarer compensation for the ship’s loss or foundering

Guideline B2.6.1 – Calculation of indemnity against unemployment

The indemnity against unemployment resulting from a ship’s foundering or

loss should be paid for the days during which the seafarer remains in fact unemployed
at the same rate as the wages payable under the employment agreement, but the total
indemnity payable to any one seafarer may be limited to two months’ wages.

Each Member should ensure that seafarers have the same legal remedies for

recovering such indemnities as they have for recovering arrears of wages earned during
the service.

Regulation 2.7 – Manning levels

Purpose: To ensure that seafarers work on board ships with sufficient personnel
for the safe, efficient and secure operation of the ship

Each Member shall require that all ships that fly its flag have a sufficient

number of seafarers employed on board to ensure that ships are operated safely, effi-

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Conditions of employment

ciently and with due regard to security under all conditions, taking into account con-
cerns about seafarer fatigue and the particular nature and conditions of the voyage.

Standard A2.7 – Manning levels

Each Member shall require that all ships that fly its flag have a sufficient

number of seafarers on board to ensure that ships are operated safely, efficiently and
with due regard to security. Every ship shall be manned by a crew that is adequate, in
terms of size and qualifications, to ensure the safety and security of the ship and its per-
sonnel, under all operating conditions, in accordance with the minimum safe manning
document or an equivalent issued by the competent authority, and to comply with the
standards of this Convention.

When determining, approving or revising manning levels, the competent

authority shall take into account the need to avoid or minimize excessive hours of work
to ensure sufficient rest and to limit fatigue, as well as the principles in applicable
international instruments, especially those of the International Maritime Organiza-
tion, on manning levels.

When determining manning levels, the competent authority shall take into

account all the requirements within Regulation 3.2 and Standard A3.2 concerning food
and catering.

Guideline B2.7 – Manning levels

Guideline B2.7.1 – Dispute settlement

Each Member should maintain, or satisfy itself that there is maintained, effi-

cient machinery for the investigation and settlement of complaints or disputes con-
cerning the manning levels on a ship.

Representatives of shipowners’ and seafarers’ organizations should partici-

pate, with or without other persons or authorities, in the operation of such machinery.

Regulation 2.8 – Career and skill development and opportunities

for seafarers’ employment

Purpose: To promote career and skill development and employment opportunities
for seafarers

Each Member shall have national policies to promote employment in the

maritime sector and to encourage career and skill development and greater employ-
ment opportunities for seafarers domiciled in its territory.

Standard A2.8 – Career and skill development and employment opportunities

for seafarers

Each Member shall have national policies that encourage career and skill de-

velopment and employment opportunities for seafarers, in order to provide the mari-
time sector with a stable and competent workforce.

The aim of the policies referred to in paragraph 1 of this Standard shall be to help

seafarers strengthen their competencies, qualifications and employment opportunities.

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Maritime Labour Convention, 2006

Each Member shall, after consulting the shipowners’ and seafarers’ organ-

izations concerned, establish clear objectives for the vocational guidance, education
and training of seafarers whose duties on board ship primarily relate to the safe oper-
ation and navigation of the ship, including ongoing training.

Guideline B2.8 – Career and skill development and employment opportunities

for seafarers

Guideline B2.8.1 – Measures to promote career and skill development and employment
opportunities for seafarers

Measures to achieve the objectives set out in Standard A2.8 might include:

(a)

agreements providing for career development and skills training with a ship-
owner or an organization of shipowners; or

(b)

arrangements for promoting employment through the establishment and mainten-
ance of registers or lists, by categories, of qualified seafarers; or

(c)

promotion of opportunities, both on board and ashore, for further training and
education of seafarers to provide for skill development and portable competen-
cies in order to secure and retain decent work, to improve individual employment
prospects and to meet the changing technology and labour market conditions of
the maritime industry.

Guideline B2.8.2 – Register of seafarers

Where registers or lists govern the employment of seafarers, these registers

or lists should include all occupational categories of seafarers in a manner determined
by national law or practice or by collective agreement.

Seafarers on such a register or list should have priority of engagement for

seafaring.

Seafarers on such a register or list should be required to be available for work

in a manner to be determined by national law or practice or by collective agreement.

To the extent that national laws or regulations permit, the number of sea-

farers on such registers or lists should be periodically reviewed so as to achieve levels
adapted to the needs of the maritime industry.

When a reduction in the number of seafarers on such a register or list

becomes necessary, all appropriate measures should be taken to prevent or minimize
detrimental effects on seafarers, account being taken of the economic and social situa-
tion of the country concerned.

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ITLE

3. A

CCOMMODATION

RECREATIONAL

FACILITIES

FOOD

AND

CATERING

Accommodation, recreational facilities, food and catering

Regulation 3.1 – Accommodation and recreational facilities

Purpose: To ensure that seafarers have decent accommodation and recreational
facilities on board

Each Member shall ensure that ships that fly its flag provide and maintain

decent accommodations and recreational facilities for seafarers working or living on
board, or both, consistent with promoting the seafarers’ health and well-being.

The requirements in the Code implementing this Regulation which relate to

ship construction and equipment apply only to ships constructed on or after the date
when this Convention comes into force for the Member concerned. For ships con-
structed before that date, the requirements relating to ship construction and equip-
ment that are set out in the Accommodation of Crews Convention (Revised), 1949
(No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention,
1970 (No. 133), shall continue to apply to the extent that they were applicable, prior to
that date, under the law or practice of the Member concerned. A ship shall be deemed
to have been constructed on the date when its keel is laid or when it is at a similar stage
of contruction.

Unless expressly provided otherwise, any requirement under an amendment

to the Code relating to the provision of seafarer accommodation and recreational
facilities shall apply only to ships constructed on or after the amendment takes effect
for the Member concerned.

Standard A3.1 – Accommodation and recreational facilities

Each Member shall adopt laws and regulations requiring that ships that fly

its flag:
(a)

meet minimum standards to ensure that any accommodation for seafarers, work-
ing or living on board, or both, is safe, decent and in accordance with the relevant
provisions of this Standard; and

(b)

are inspected to ensure initial and ongoing compliance with those standards.

In developing and applying the laws and regulations to implement this Stand-

ard, the competent authority, after consulting the shipowners’ and seafarers’ organiza-
tions concerned, shall:
(a)

take into account Regulation 4.3 and the associated Code provisions on health
and safety protection and accident prevention, in light of the specific needs of
seafarers that both live and work on board ship, and

(b)

give due consideration to the guidance contained in Part B of this Code.

The inspections required under Regulation 5.1.4 shall be carried out when:

(a)

a ship is registered or re-registered; or

(b)

the seafarer accommodation on a ship has been substantially altered.

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Maritime Labour Convention, 2006

The competent authority shall pay particular attention to ensuring imple-

mentation of the requirements of this Convention relating to:
(a)

the size of rooms and other accommodation spaces;

(b)

heating and ventilation;

(c)

noise and vibration and other ambient factors;

(d)

sanitary facilities;

(e)

lighting; and

(f)

hospital accommodation.

The competent authority of each Member shall require that ships that fly its

flag meet the minimum standards for on-board accommodation and recreational facil-
ities that are set out in paragraphs 6 to 17 of this Standard.

With respect to general requirements for accommodation:

(a)

there shall be adequate headroom in all seafarer accommodation; the minimum
permitted headroom in all seafarer accommodation where full and free move-
ment is necessary shall be not less than 203 centimetres; 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 Regulation 2(e) and (f) of the
International Convention for the Safety of Life at Sea, 1974, as amended (the
“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 bulk-
head;

(d)

in passenger ships, and in special ships constructed in compliance with the IMO
Code of Safety for Special Purpose Ships, 1983, and subsequent versions (herein-
afer called “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 require-
ments in Regulation 4.3, and the related provisions in the Code, 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

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Accommodation, recreational facilities, food and catering

and chemicals on board ships, and to provide an acceptable occupational and on-
board living environment for seafarers.

With respect to requirements for ventilation and heating:

(a)

sleeping rooms and mess rooms shall be adequately ventilated;

(b)

ships, except those regularly engaged in trade where temperate climatic con-
ditions 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;

(c)

all sanitary spaces shall have ventilation to the open air, independently of any
other part of the accommodation; and

(d)

adequate heat through an appropriate heating system shall be provided, except
in ships exclusively on voyages in tropical climates.

With respect to requirements for lighting, subject to such special arrange-

ments as may be permitted in passenger ships, sleeping rooms and mess rooms shall be
lit by natural light and provided with adequate artificial light.

When sleeping accommodation on board ships is required, the following re-

quirements for sleeping rooms apply:
(a)

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 compe-
tent authority after consultation with the shipowners’ and seafarers’ organiza-
tions concerned;

(b)

separate sleeping rooms shall be provided for men and for women;

(c)

sleeping rooms shall be of adequate size and properly equipped so as to ensure
reasonable comfort and to facilitate tidiness;

(d)

a separate berth for each seafarer shall in all circumstances be provided;

(e)

the minimum inside dimensions of a berth shall be at least 198 centimetres by
80 centimetres;

(f)

in single berth seafarers’ sleeping rooms the floor area shall not be less than:
(i)

4.5 square metres in ships of less than 3,000 gross tonnage;

(ii)

5.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000
gross tonnage;

(iii) 7 square metres in ships of 10,000 gross tonnage or over;

(g)

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;

(h)

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;

(i)

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:
(i)

7.5 square metres in rooms accommodating two persons;

(ii)

11.5 square metres in rooms accommodating three persons;

(iii) 14.5 square metres in rooms accommodating four persons;

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Maritime Labour Convention, 2006

(j)

on special purpose ships sleeping rooms may accommodate more than four per-
sons; the floor area of such sleeping rooms shall not be less than 3.6 square metres
per person;

(k)

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:
(i)

7.5 square metres in ships of less than 3,000 gross tonnage;

(ii)

8.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000
gross tonnage;

(iii) 10 square metres in ships of 10,000 gross tonnage or over;

(l)

on passenger ships and special purpose ships the floor area for seafarers perform-
ing the duties of ships’ officers where no private sitting room or day room is pro-
vided, 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;

(m) the master, the chief engineer and the chief navigating officer shall have, in addi-

tion 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 ship-
owners’ and seafarers’ organizations concerned;

(n)

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;

(o)

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.

10.

With respect to requirements for mess rooms:

(a)

mess rooms shall be located apart from the sleeping rooms and as close as practic-
able to the galley; ships of less than 3,000 gross tonnage may be exempted by the
competent authority from this requirement after consultation with the ship-
owners’ and seafarers’ organizations concerned; and

(b)

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.

11.

With respect to requirements for sanitary facilities:

(a)

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;

(b)

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 re-
quirement after consultation with the shipowners’ and seafarers’ organizations
concerned;

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Accommodation, recreational facilities, food and catering

(c)

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 pro-
vided at a convenient location;

(d)

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 wash-
basin is situated in the private bathroom provided;

(e)

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

(f)

hot and cold running fresh water shall be available in all wash places.

12.

With respect to requirements for hospital accommodation, ships carrying 15

or more seafarers and engaged in a voyage of more than three days’ duration shall pro-
vide separate hospital accommodation to be used exclusively for medical purposes; the
competent authority may relax this requirement for ships engaged in coastal trade; in
approving on-board hospital accommodation, the competent authority shall ensure
that the accommodation will, in all weathers, be easy of access, provide comfortable
housing for the occupants and be conducive to their receiving prompt and proper
attention.

13.

Appropriately situated and furnished laundry facilities shall be available.

14.

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.

15.

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 seafarers’ organizations concerned.

16.

Ships regularly trading to mosquito-infested ports shall be fitted with appro-

priate devices as required by the competent authority.

17.

Appropriate seafarers’ recreational facilities, amenities and services, as

adapted to meet the special needs of seafarers who must live and work on ships, shall
be provided on board for the benefit of all seafarers, taking into account Regulation
4.3 and the associated Code provisions on health and safety protection and accident
prevention.

18.

The competent authority shall require frequent inspections to be carried

out on board ships, by or under the authority of the master, to ensure that seafarer ac-
commodation is clean, decently habitable and maintained in a good state of repair. The
results of each such inspection shall be recorded and be available for review.

19.

In the case of ships where there is need to take account, without discrimin-

ation, of the interests of seafarers having differing and distinctive religious and social
practices, the competent authority may, after consultation with the shipowners’ and
seafarers’ organizations concerned, permit fairly applied variations in respect of this
Standard on condition that such variations do not result in overall facilities less favour-
able than those which would result from the application of this Standard.

20.

Each Member may, after consultation with the shipowners’ and seafarers’

organizations 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 Standard:

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Maritime Labour Convention, 2006

(a)

paragraphs 7(b), 11(d) and 13; and

(b)

paragraph 9(f) and (h) to (l) inclusive, with respect to floor area only.

21.

Any exemptions with respect to the requirements of this Standard may be

made only where they are expressly permitted in this Standard 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.

Guideline B3.1 – Accommodation and recreational facilities

Guideline B3.1.1 – Design and construction

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 pos-
sibility of resulting heat effects in adjoining accommodation or passageways. Measures
should also be taken to provide protection from heat effects of steam or hot-water
service pipes or both.

Sleeping rooms, mess rooms, recreation rooms and alleyways in the accommo-

dation space should be adequately insulated to prevent condensation or overheating.

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.

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.

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.

Where the floorings are made of composite materials, the joints with the

sides should be profiled to avoid crevices.

Guideline B3.1.2 – Ventilation

The system of ventilation for sleeping rooms and mess rooms should be con-

trolled 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.

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.

Power for the operation of the air conditioning and other aids to ventilation

required by the preceding paragraphs of this Guideline should be available at all times

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Accommodation, recreational facilities, food and catering

when seafarers are living or working on board and conditions so require. However, this
power need not be provided from an emergency source.

Guideline B3.1.3 – Heating

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.

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 ac-
commodation area, steam should not be used as a medium for heat transmission. The
heating system should be capable of maintaining the temperature in seafarer accom-
modation at a satisfactory level under normal conditions of weather and climate likely
to be met within the trade in which the ship is engaged. The competent authority
should prescribe the standard to be provided.

Radiators and other heating apparatus should be placed and, where neces-

sary, shielded so as to avoid risk of fire or danger or discomfort to the occupants.

Guideline B3.1.4 – Lighting

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.

In sleeping rooms an electric reading lamp should be installed at the head of

each berth.

Suitable standards of natural and artificial lighting should be fixed by the

competent authority.

Guideline B3.1.5 – Sleeping rooms

There should be adequate berth arrangements on board, making it as com-

fortable as possible for the seafarer and any partner who may accompany the seafarer.

Where the size of the ship, the activity in which it is to be engaged and its lay-

out make it reasonable and practicable, sleeping rooms should be planned and
equipped with a private bathroom, including a toilet, so as to provide reasonable com-
fort for the occupants and to facilitate tidiness.

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.

In the case of seafarers performing the duty of petty officers there should be

no more than two persons per sleeping room.

Consideration should be given to extending the facility referred to in Stand-

ard A3.1, paragraph 9(m), to the second engineer officer when practicable.

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.

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Maritime Labour Convention, 2006

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 situ-
ated above a berth.

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.

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.

10.

If tubular frames are used for the construction of berths, they should be

completely sealed and without perforations which would give access to vermin.

11.

Each berth should be fitted with a comfortable mattress with cushioning

bottom or a combined cushioning mattress, including a spring bottom or a spring mat-
tress. The mattress and cushioning material used should be made of approved material.
Stuffing of material likely to harbour vermin should not be used.

12.

When one berth is placed over another, a dust-proof bottom should be fit-

ted beneath the bottom mattress or spring bottom of the upper berth.

13.

The furniture should be of smooth, hard material not liable to warp or

corrode.

14.

Sleeping rooms should be fitted with curtains or equivalent for the side-

lights.

15.

Sleeping rooms should be fitted with a mirror, small cabinets for toilet

requisites, a book rack and a sufficient number of coat hooks.

Guideline B3.1.6 – Mess rooms

Mess room facilities may be either common or separate. The decision in this

respect should be taken after consultation with seafarers’ and shipowners’ represent-
atives and subject to the approval of the competent authority. Account should be taken
of factors such as the size of the ship and the distinctive cultural, religious and social
needs of the seafarers.

Where separate mess room facilities are to be provided to seafarers, then sep-

arate mess rooms should be provided for:
(a)

master and officers; and

(b)

petty officers and other seafarers.

On ships other than passenger ships, the floor area of mess rooms for sea-

farers should be not less than 1.5 square metres per person of the planned seating
capacity.

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.

There should be available at all times when seafarers are on board:

(a)

a refrigerator, which should be conveniently situated and of sufficient capacity
for the number of persons using the mess room or mess rooms;

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Accommodation, recreational facilities, food and catering

(b)

facilities for hot beverages; and

(c)

cool water facilities.

Where available pantries are not accessible to mess rooms, adequate lockers

for mess utensils and proper facilities for washing utensils should be provided.

The tops of tables and seats should be of damp-resistant material.

Guideline B3.1.7 – Sanitary accommodation

Washbasins and tub baths should be of adequate size and constructed of ap-

proved material with a smooth surface not liable to crack, flake or corrode.

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 avail-
able at all times and independently controllable.

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 require-
ment 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.

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.

Guideline B3.1.8 – Hospital accommodation

The hospital accommodation should be designed so as to facilitate con-

sultation and the giving of medical first aid and to help prevent the spread of infectious
diseases.

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.

The number of hospital berths required should be prescribed by the compe-

tent authority.

Sanitary accommodation should be provided for the exclusive use of the oc-

cupants 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.

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Конвенция о труде в морском судоходстве (КТМС-2006) - часть 11