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Comments adopted by the CEACR: Bermuda

Adopted by the CEACR in 2021

C108 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2, 3, 5, and 6 of the Convention. Issuance of seafarers’ identity documents. Right to maintain the document in the seafarer’s possession. Readmission to a territory and permission to enter a territory. In its previous comments, the Committee requested the Government to indicate the measures adopted to give effect to the Convention. The Committee notes that, in its report, the Government refers to section 89(1)(a) of the Merchant Shipping Act, 2002, which states that the Minister may make regulations providing for the issue to Bermuda seafarers of cards (referred as “Bermuda seafarer’s cards”) in such form and containing such particulars with respect to the holders thereof and such other particulars (if any) as may be prescribed by the regulations, and for requiring Bermuda seafarers to apply for such cards. The Government further indicates that Bermuda seafarer’s identity cards may be issued to any Bermuda or foreign seafarer serving on board a ship registered in Bermuda upon application. The Committee notes in this regard the Procedure for Issuing a Bermuda Seafarer’s Identity Document (PSEA 282) issued on 22 November 2018 available on the website of the Maritime Administration, which gives effect to Article 2 of the Convention. In the absence of other information, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to Articles 3, 5, and 6 of the Convention.
Article 4. Content of seafarers’ identity documents. The Committee notes the copy of the seafarers’ identity document provided by the Government. The Committee observes however that the document provided contains a typo on the year of adoption of the Convention, which is 1958 and not 1985. The Committee, therefore, requests the Government to amend the seafarers’ identity document to ensure full conformity with Article 4, paragraph 2 and to provide a specimen (not a photocopy) of the revised seafarers’ identity document.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Bermuda on 8 January 2019 and 26 December 2020, respectively. The Committee draws the Government’s attention to the following issues.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee previously requested the Government to indicate the measures taken to ensure that any determination made by the Minister where there is doubt as to whether a person working or engaged on a ship is a seafarer, is adopted after consultation with the shipowners’ and seafarers’ organizations concerned and that it is in relation of “categories of persons” and not individual persons. The Committee notes the Government’s reply that consultation is done with seafarers’ organizations by the Red Ensign Group of British Registries (REG) and that no determination has been made to date. The Committee requests the Government to provide information on any developments in this regard.
Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee requested the Government to provide detailed information on how the measures implementing the MLC, 2006 are applied to commercial pleasure ships. The Committee notes the disaggregated data provided by the Government on the different types of ships. The Committee also notes that according to the Government, commercial pleasure ships are covered by the Bermuda Small Vessels Code (“BSCV Code of Practice”), currently in draft, which is referred to in Part 8 of the Marine and Port Services Act 2021. Noting that the text of the draft Code has not been provided, the Committee requests the Government to provide a copy of the BSCV Code of Practice, once adopted. The Committee also noted that several Regulations exclude from their scope of application ships under 500 gross tonnage (GT). The Committed recalled that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage, and requested the Government to provide information in this regard. Noting the absence of information on this point, the Committee requests the Government to adopt the necessary measures to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention.
Article III. Fundamental rights and principles. Noting that the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), have not been declared applicable to Bermuda, the Committee previously requested the Government to provide information on how it has satisfied itself that its laws and regulations, in the context of the MLC, 2006, respect these fundamental rights. The Committee takes note of the information provided by the Government in this respect.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In its previous comments, the Committee requested the Government to amend its legislation to ensure that no exceptions are allowed to the absolute prohibition of hazardous work for young persons. The Committee notes that the Merchant Shipping (Seafarers’ Employment) Amendment (No. 2) Regulations 2021, of 7 July 2021 clarify the general principle that no young person shall be employed on any Bermuda ship for the purposes of work that is likely to jeopardize their health or safety, without exception. The Committee notes, however, that section 7(2) and (3) of the Merchant Shipping (Minimum Age at Sea and Employment of Young Persons at Sea) Regulations, 2013 contains a non-exhaustive list of types of work which is likely to jeopardize the health or safety of a young person, and that section 7(4) allows such types of work to be performed by young persons, under supervision and as an essential part of any training course. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous. The Committee accordingly requests the Government, after consultation with the shipowners’ and seafarers’ organizations concerned, to take the necessary measures to ensure full conformity with Standard A1.1, paragraph 4, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction.
Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee notes that section 7 of the Merchant Shipping (Medical Certification of Seafarers) Regulations, 2013 provides that a seafarer whose medical certificate has been suspended for a period of more than three months or cancelled by a medical practitioner, may apply to the Minister for the matter to be reviewed by a medical referee. The Committee recalls that Standard A1.2, paragraph 5, of the Convention allows – without any restriction – seafarers who have been refused a certificate or have had a limitation imposed on their ability to work to have a further examination by another independent medical practitioner or by an independent medical referee.  The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A1.2, paragraph 5.
Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. In reply to the Committee’s previous request, the Government indicates that section 18 of the Merchant Shipping (Seafarers’ Employment) Regulations, as amended in 2021, provides that shipowners shall not make use of seafarer recruitment and placement services based in a country which is not a Party to the Convention unless the recruitment and placement services satisfy the shipowner that they operate in compliance with the Convention. The relevant assessment is to be done by the shipowner through an independent audit of the agency by an external body recognized by the Minister or the administration of another Party to the Convention. The Committee also notes the Government’s indication that, at present, there is no public or private recruitment service authorized to operate in Bermuda. The Committee takes note of this information, which addresses its previous request.
Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee previously requested the Government to amend Regulation 13 of the Merchant Shipping (Seafarer’s Employment) Regulations, 2013 in order to add the seafarer’s place of birth among the matters that should be included in the seafarers’ employment agreement. The Committee notes with interest and welcomes that Regulation 13 of the Merchant Shipping (Seafarers’ Employment) Regulations, 2013 was amended in July 2021 to ensure full compliance with Standard A2.1, paragraph 4. The Committee takes note of this information, which addresses its previous request.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes with interest that the Merchant Shipping (Seafarers’ Employment) Amendment Regulations, 2021, of 7 July 2021, and the Bermuda Merchant Shipping Guidance Notice 2020-11 of 6 October 2020 have incorporated into the national legislation the provisions giving effect to the 2018 amendments to the MLC, 2006. The Committee takes note of this information.
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee requested the Government to indicate how it ensures that the normal working hours for seafarers are based not only on an eight-hour day but also on one day of rest per week and rest on public holidays. The Committee notes that section 4(3) of the Merchant Shipping (Seafarer’s Wages) Regulations, 2013 regulates normal hours of work for “seafarers whose employment agreement includes separate compensation for overtime work” except in a case where a Collective Bargaining Agreement specifies a different arrangement. The Committee also notes that every seafarer shall receive an additional 1.5 days of paid leave for each month of service for public holidays. The Committee requests the Government to provide detailed information on the manner in which Standard A2.3, paragraph 3 is applied for all seafarers, and not only those mentioned in section 4(3) above. The Committee also requests the Government to provide a copy of any collective agreements establishing seafarers’ normal working hours or permitting exceptions to the established limits (Standard A2.3, paragraph 3).
Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee previously requested the Government to amend Bermuda Shipping Notice 2011-002, on hours of rest requirements, which states that “There must be at least two breaks one of which is at least 6 hours and another of sufficient length to bring the total up to 10 hours”. The Committee notes with interest that Bermuda Shipping Notice 2011-002 has been replaced by Merchant Shipping Notice 2021-002, which provides that “hours of rest may be divided into no more than two periods”, as required by Standard A2.3, paragraph 6. The Committee takes note of this information, which addresses its previous request.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee previously noted that Regulation 5 of the Merchant Shipping (Repatriation) Regulations, 2013 does not provide that a seafarer shall be entitled to repatriation when the seafarer’s employment agreement is terminated by the shipowner, as required by Standard A2.5.1, paragraph 1(b).  Noting that the Government’s reply does not address the issue, the Committee requests again the Government to indicate the measures taken to amend the national legislation to ensure that seafarers on ships that fly the Bermuda flag are entitled to repatriation when their employment agreement is terminated by the shipowner, as provided for by Standard A2.5.1, paragraphs 1 and 2(a).
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee previously requested the Government to provide further information regarding these requirements of the Convention. The Committee notes the Government’ statement that section 7 of the Merchant Shipping (Repatriation) Regulations, 2013 was amended in February 2019. The Committee notes however that notwithstanding the prohibition in section 7(1), whereby a shipowner shall not require any seafarer to make a contribution towards the cost of repatriation at any time before, during or following the seafarer’s employment on the ship, section 7(2) provides that contributions towards repatriation that are agreed and fully explained in an applicable collective bargaining agreement shall be permitted. The Committee recalls that Regulation 2.5 of the Convention provides that seafarers have a right to be repatriated at no cost to themselves in the conditions specified in the Code, notably except where they have been found to be in serious default of their employment obligations. The Committee therefore requests the Government to amend section 7 of the Merchant Shipping (Repatriation) Regulations, 2013 to ensure that there is full conformity with Regulation 2.5 and Standard A2.5.1, paragraph 3.
The Committee had also noted that section 7(4) of the Merchant Shipping (Repatriation) Regulations, 2013 permits the shipowner to deduct from any wages due to the seafarer the costs of repatriation where a seafarer is justifiably dismissed from employment on a ship on grounds of serious misconduct, as defined in section 12 of the Merchant Shipping (Seafarer’s Employment) Regulations 2013, which provides a list of matters justifying the termination of the seafarer’s employment agreement without notice due to serious misconduct or incompetence but adds, in its paragraph 2, that the shipowner may include additional matters that are to be regarded as serious misconduct in a seafarer’s employment agreement. The Committee recalls that the definition of what is to be considered as a serious misconduct should not be left to the shipowner’s decision. The Committee requests the Government to take the necessary measures to ensure that what is considered to be “serious default of the seafarers’ employment obligations” is explicitly determined by the relevant legislation or applicable collective bargaining agreements, as required by Standard A2.5.1, paragraph 3.
The Committee notes that, in reply to its previous comment, the Government refers to sections 73 and 75 of the Merchant Shipping Act as well as the Merchant Shipping (section 75 Inquiries) Rules 2021, which however concern the procedure for disqualification of seafarers’ certificates. The Committee therefore requests the Government to provide detailed information on the procedure to be followed and the standard of proof to be applied in order for a seafarer to be found in “serious default of the seafarers’ employment obligations”.
Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. The Committee requested the Government to indicate the national provisions implementing the 2014 amendments to the Code of the Convention. The Committee notes the Government’s indication that the Merchant Shipping (Repatriation) Regulations, 2013 were amended in February 2019 to give effect to these provisions of the Convention and that the financial security system to assist seafarers in the event of their abandonment was determined after consultation with the shipowners’ and seafarers’ organizations concerned through the UK Tripartite Working Group. The Committee takes note of this information and requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 2.7 and the Code. Manning levels. Noting that according to section 59 and 60 of the Merchant Shipping Act of 2002, as amended, the Minister may exempt any ship or description of ship from any requirements of regulations requiring ships to carry such number of qualified officers of any description, qualified doctors and qualified cooks, the Committee requested the Government to provide information on any exemption given under sections 59 and 60 of the Merchant Shipping Act of 2002. The Committee notes the Government’s reply that no exemptions have been given under those provisions, in particular for qualified doctors or cooks. The Committee notes, however, that under section 5 of the Merchant Shipping (Manning of Ships) Regulations 2011, a Safe Manning Document need not to be issued for a vessel of less than 500 GT. The Committee recalls that the requirements for safe manning, as set out under Standard A2.7, apply to all ships under the Convention.  The Committee accordingly requests the Government to explain how it ensures that all ships that fly its flag, including those under 500 gross tonnage, have a sufficient number of seafarers employed on board to ensure that ships are operated safely, efficiently and with due regard to security, as required under Regulation 2.7 and the Code. It also requests the Government to indicate whether any mechanisms exist to investigate and resolve any complaints or disputes regarding the minimum safety manning levels (Guideline B2.7.1).
Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. Noting that the Merchant Shipping (Seafarers Accommodation) Regulations 2013 excluded from its scope of application vessels that are certified as complying with the Code of Practice for the Safety of Large Commercial Sailing and Motor Vessels (LY2), the Committee requested the Government to ensure that Regulation 3.1 and Standard A3.1 are applied to all ships covered by the Convention. The Government indicates that the Merchant Shipping (Seafarers’ Accommodation) Regulations have been amended in 2021 and the LY2 are no longer excluded from the scope of application of the Regulations. The Committee takes note of this information.
Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee previously requested the Government to provide information on any exemption granted by the Minister under sections 18, 20, 24, 25 and 28 of the Merchant Shipping (Seafarers’ Accommodation) Regulations 2013. The Government indicates in its reply that no exemptions were issued under such Regulations. The Committee takes note of this information, which addresses its previous request.
Noting that section 56 of the Merchant Shipping Act of 2002, as amended, provides that the regulations adopted with respect to the crew accommodation may exempt ships of any description from any requirements of the regulations and the Minister may grant other exemptions from any such requirement with respect to any ship, the Committee previously requested the Government to provide detailed information on any exemption that has been granted and to indicate how it ensures that any such exemption comply with Standard A3.1, paragraph 21. Noting the absence of Government’s reply on this point, the Committee requests again the Government to provide detailed information on any exemption that has been granted and to indicate how it ensures that any such exemption comply with this provision of the Convention.
Regulation 3.1 and Standard A3.1, paragraph 6(c), (d) and (e). Accommodation and recreational facilities. General requirements. Location of sleeping rooms. In its previous comment, the Committee requested the Government to indicate which categories of special purpose ships are covered and whether such ships are constructed in compliance with the International Maritime Organization (IMO) Code, as well as the extent to which arrangements have been made for lighting and ventilation. The Government indicates in its reply that, according to section 2 of the Merchant Shipping (Seafarers’ Accommodation) Regulations 2013, “special purpose ship” means a vessel which complies with the requirements for special purpose ships set out in the Code of Safety for Special Purpose Ships adopted by the IMO as Resolution A.534(13). The Government also provides information regarding the requirements for lighting and ventilation. The Committee takes note of this information, which addresses its previous request.
Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. Noting that the Minister may grant exemptions from all or any of the provisions of the Merchant Shipping (Ship’s Doctors) Regulations 2004, as amended, which provide that a Bermuda ship having 100 or more persons on board and engaged on an international voyage of more than three days shall carry a qualified doctor, the Committee previously requested the Government to indicate how it ensures that no exemptions are granted in this regard. The Government indicates that Bermuda does not issue exemptions for vessels carrying more than 100 people when engaged on international voyages. The only exemptions with regards to the carriage of ships doctors are to mobile offshore drilling units (MODU) operating stationary within areas that have medical facilities within range, i.e. valid only when the vessel is stationed or operating within range of the United Kingdom and Norwegian Sectors of the North Sea and in range of readily available helicopters equipped for medical emergencies. The Committee recalls that the Convention provides that national laws and regulations shall as a minimum require that ships carrying 100 or more persons on board and ordinarily engaged on international voyages of more than three days carry a qualified doctor, and does not allow for any exemption to this obligation. Noting that Regulation 4 of the Merchant Shipping (Ship’s Doctors) Regulations 2004, as amended, provides for the possibility of exemptions with regards to the requirement of qualified medical doctors on ships carrying 100 or more persons on board and ordinarily engaged on international voyages of more than three days, the Committee requests the Government to indicate the measures taken to ensure that national laws and regulations are in line with Standard A4.1, paragraph 4(b).
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee previously requested the Government to provide information on whether ships are required to carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage. The Committee notes the Government’s reply that the Declaration of Maritime Labour Compliance (DMLC), Part I provides that every ship must carry a copy of the IMO publication “International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual”, and a copy of the “International Code of Signals” to facilitate efficient exchange of medical information by radio or satellite communication. The Committee also notes the Government’s indication that the legislation to implement the International Convention on Maritime Search and Rescue, 1979 is currently in draft. Recalling that Standard A4.1, paragraph 4(d), provides that national laws and regulations shall ensure by a prearranged system that medical advice by radio or satellite communication, is available free of charge 24 hours a day to all ships, irrespective of the flag that they fly, the Committee requests the Government to provide updated information on the progress made in the adoption of the abovementioned legislation.
Regulation 4.2 and Standard A4.2.1, paragraph 1(a). Shipowners’ liability. Minimum standards. Sickness and injury. The Committee notes that section 15(1) of the Merchant Shipping (Seafarer’s Employment) Regulations 2013 provides that the costs of medical care for any seafarer arising from sickness or injury during the period from the date a seafarer commences work on board a ship to the date when the seafarer is repatriated shall be paid by the shipowner. Recalling that Standard A4.2.1, paragraph 1(a), provides that shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury occurring between the date of commencing duty and the date upon which seafarers are deemed duly repatriated, or arising from their employment between those dates, the Committee requests the Government to indicate how it gives effect to this provision of the Convention.
Regulation 4.2 and Standard A4.2.1, paragraph 1(c). Shipowners’ liability. Minimum standards. Expenses of medical care and board and lodging away from home. The Committee previously requested the Government to indicate how it ensures that shipowners defray the cost of food for sick or injured seafarers away from home. The Government refers in its reply to section 58 of the Merchant Shipping Act. The Committee notes that, although section 58(3) foresees the right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while the seafarer is employed under a seafarer employment agreement or arising from their employment under such an agreement, it does not clarify whether and how the cost of food for sick or injured seafarers away from home is to be paid and during which period. The Committee requests the Government to amend its legislation to ensure that shipowners shall be liable to defray “board and lodging away from home” for sick or injured seafarers, as required by Standard A4.2.1, paragraph 1(c).
Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. Noting that Regulation 15(7) of the Merchant Shipping (Seafarer’s Employment) Regulations 2013 only applies when there is no collective agreement in force, the Committee requested the Government to indicate how it ensures that any relevant collective agreement includes, as a minimum, the requirements of Standard A4.2, paragraph 3. The Committee notes the Government’s indication that collective bargaining agreements signed with the ITF include, as a minimum such requirements. The Committee also notes that the ITF-IMEC IBF international collective bargaining agreement 2019–2022 provides that in the event of incapacity due to an accident the basic wages shall be paid until the injured seafarer has been cured or until a medical determination is made concerning permanent disability. The Committee further notes that section 58(3) of the Merchant Shipping Act foresees the right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while the seafarer is employed under a seafarer employment agreement or arising from their employment under such an agreement, but it does not clarify whether wages are to be paid and during which period. The Committee accordingly requests the Government once again to indicate how it ensures that full effect is given to Standard A4.2.1, paragraph 3.
Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Committee previously requested the Government to indicate how it ensures that the cases where the shipowner’s liability may be excluded remain within the limits set out under Standard A4.2.1, paragraph 5. The Committee notes that the Merchant Shipping (Seafarers’ Employment) Amendment (No. 2) Regulations 2021 amend section 15(5) of the principal Regulations in line with Standard A4.2.1, paragraph 5(b) of the Convention. The Committee takes note of this information, which addresses its previous request.
Regulation 4.2 and Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee requested the Government to indicate the national provisions implementing the 2014 amendments to the Code. The Committee notes the Government’s indication that the Merchant Shipping (Seafarer’s Employment) Regulations 2013 were amended in February 2019 to include sections 13A to 13C, which give effect to some of these provisions of the Convention. The Committee notes that, according to section 13C(2), the system of financial security, may be in the form of a social security scheme or insurance or fund or other similar arrangements; its form shall be determined by the Authority after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to specify what is the form taken by the system of financial security, indicating if it was determined after consultations held with the shipowners’ and seafarers’ organizations, and to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).
The Committee also notes that section 13A(5) provides that the claim for contractual compensation may be brought directly by the seafarer concerned. The Committee requests the Government to indicate how it ensures that national laws and regulations provide that claims for contractual compensation may be brought also by the seafarer’s next of kin, or a representative of the seafarer or designated beneficiary, as required by Standard A4.2.1, paragraph 8(e) of the Convention.
The Committee further notes that, according to section 13B(4), the financial security shall not cease before the end of its period of validity unless the financial security provider has given prior notification of at least 30 days to the Registrar of the Authority. Recalling that, under Standard A4.2.1, paragraph 9 of the Convention, seafarers must receive prior notification when the shipowner’s financial security is to be terminated, the Committee requests the Government to indicate the measures adopted to comply with this requirement of the Convention. The Committee also requests the Government to indicate how it ensures compliance with Standard A4.2.1, paragraph 10.
Finally, the Committee notes that section 13C(3) provides that any dispute relating to contractual claims relating to compensation referred to in Standard A4.2.1, paragraph 8 of the Convention may be submitted by the parties to an arbitrator appointed under the Arbitration Act 1986, for decision. The Committee requests the Government to provide a summary on the arrangements in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures, as required by Standard 4.2.2, paragraph 3, indicating in each case the applicable national provisions.
Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee requests the Government to provide information on the manner in which statistics regarding occupational accidents and diseases relating to seafarers covered by the Convention are kept, analysed and published and on how they are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board.
Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. The Committee notes that the Bermuda Sailors Home provides a centre for rest and recreation of seafarers. The Committee requests the Government to provide information on any developments regarding the implementation of Standard A4.4, paragraphs 2 and 3.
Regulation 4.5 and Standard A4.5, paragraphs 1, 2 and 3. Social security. Branches. Protection for seafarers ordinarily resident in its territory. In its previous comment, noting that, with the exception of medical care benefit and protection from financial consequences of sickness, injury or death, occurring in connection with the seafarer’s employment, Regulation 14B of the Merchant Shipping (Seafarer’s Employment) Regulations 2013 leaves to the shipowner the choice concerning which of the other social security branches should be protected, the Committee requested the Government to provide detailed information on the scope of the protection provided, and on how full effect is given, both in law and in practice, to Regulation 4.5 and Standard A4.5. The Committee notes that the Government does not submit any new information on the applicable legislation and details of the benefits provided under each of the nine branches of social security protection specified at the time of ratification (medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit; and survivors’ benefit), complementing the protection given under Regulations 4.1, on medical care and 4.2, on shipowners liability. While noting that, according to the Government, there are no seafarers who are resident or otherwise domiciled in the territory, the Committee requests the Government to provide detailed explanations on the social security schemes and benefits foreseen for seafarers under national legislation regarding the above-mentioned branches.
Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s indication that there are 38,236 seafarers working on Bermuda flag ships. Noting that the Government has not taken any measures in this regard, the Committee requests the Government to indicate how it provides, in accordance with national law and practice, comparable benefits to non-resident seafarers working on ships that fly its flag in the absence of adequate coverage in the relevant branches of social security (Standard A4.5, paragraph 6).
Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee previously requested the Government to indicate if any fair and effective procedure has been established for the settlement of disputes on social security matters. Noting the absence of new information in the Government’s report, the Committee reiterates its previous request.
Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. Noting the absence of information in this respect, the Committee requests the Government to provide detailed information on the objectives and standards defined for the inspection and certification system, and on the methods in place for its assessment (Regulation 5.1.1, paragraphs 1 and 5, and Standard A5.1.1 paragraph 1), specifying how it implements its obligations under the Convention for ships of less than 500 gross tonnage.
Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee requests the Government to provide a copy of the updated DMLC, Part I, reflecting the latest amendments to the national legislation and regulations.
Regulation 5.1.3 and Standard A5.1.3, paragraphs 14 and 15. Flag State responsibilities. End of validity of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. The Committee previously requested the Government to indicate how it gives effect to Standard A5.1.3, paragraph 14(b). The Government indicates that section 7(7) of the Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2020 foresees that a Maritime Labour Certificate ceases to be valid if an intermediate survey has not been completed within the period specified and the certificate endorsed in accordance with UK Merchant Shipping Notice 1848(M). The Committee notes however that according to section 7(8), where a certificate ceases to be valid for a reason specified in paragraph (7)(a) or (b), the Minister may issue a new certificate, if satisfied that the non-compliance has been suitably addressed and remedied, notwithstanding that the ship has not been subject to a survey falling within this regulation since the previous certificate was cancelled. Recalling that the validity of the Maritime Labour Certificate shall be subject to an intermediate inspection, and that the certificate shall be endorsed following satisfactory intermediate inspection, the Committee requests the Government to provide information on the measures taken to ensure full conformity with Standard A5.1.3, paragraph 14(b) of the Convention.
The Committee had also requested the Government to indicate how it ensures that a maritime labour certificate ceases to be valid, especially when the shipowner ceases to assume responsibility for the operation of the ship. The Committee notes the Government’s reference to section 7(9) of the abovementioned Regulations. The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee requested the Government to indicate how effect is given to Regulation 5.1.4 and Standard A5.1.4. The Committee notes the Government’s indication that the Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2013 have been replaced by the Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2020, which give effect to this requirement of the Convention. The Committee also notes that ships which do not fall within the scope of this Regulation are subject to a survey by a certifying authority as set out in UK Merchant Shipping Notice 1848(M). Such notice provides that ships under 500 gross tonnage are either subject to a voluntary survey, where requested by the shipowner, for issue of a certificate which once issued is subject to the regime mentioned above, or they are subject to mandatory inspection to be carried out at least twice in five years. The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6 and 11. Flag State responsibilities. Inspection and enforcement. Qualified inspectors. Independence of inspectors. Authority and impartiality. The Committee requests the Government to provide the relevant provisions and detailed information summarising the measures adopted to guarantee that inspectors have a status and conditions of service ensuring that they are independent of changes of government and of improper external influences, as well as to indicate the manner in which those measures are enforced.
Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. The Committee requested the Government to indicate how it gives effect to this provision of the Convention. The Government refers to sections 225 and 226 of the Merchant Shipping Act 2002, which provide for the possibility to resort to arbitration and subsequently to obtain compensation should the arbitrator decide that any reason or matter did not constitute a valid basis for the inspector’s opinion and it appears to him that there were no reasonable grounds for the inspector to form that opinion. The Government further indicates that the Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2020 were amended by inserting a new section 12A, which provides that if an applicant is dissatisfied for any reason with the outcome of a survey carried out in respect of a Bermuda ship, they may request that the dispute be referred to an arbitrator. The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee requested the Government to indicate how full effect is given to Regulation 5.1.6. The Committee notes that the Merchant Shipping (Formal Investigations & Inquiries) Rules 1984 and the Merchant Shipping (Accident Reporting and Investigation) Regulations, as revised in 2021 apply to enquiries into marine casualties and give effect to the requirement of the Convention. The Committee also notes that Bermuda Merchant Shipping notice 2020-031 provides guidance on the reporting of marine casualties, accidents or incidents involving Bermuda registered ships anywhere in the world. The Committee takes note of this information, which addresses its previous request.
Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee previously noted that the Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2013 provided a framework to the inspection of foreign ships in Bermuda waters without giving full effect to the specific requirements of the Convention and requested the Government to provide detailed information on any measures in that regard. The Committee notes the Government’s reply referring to the Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2020 and to the Merchant Shipping (Port State Control) Regulations 2020. The Committee notes, however, that the legislation provided by the Government does not fully implement the specific requirements of Regulation 5.2.1 and Standard A5.2.1 concerning port state inspection to verify conformity with the MLC, 2006. The Committee therefore requests the Government to adopt the necessary measures and to provide detailed information on the procedures established to give full effect to Regulation 5.2.1, paragraph 2 and Standard A5.2.1, paragraphs 1 to 6.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee previously requested the Government to indicate if a documented procedure for handling seafarer complaints had been established and, if so, to provide detailed information thereon. The Committee notes that section 15 of the Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2020, combined with section 4.2 of the “PQAM 460 Procedure for Handling Customer Feedback”, submitted by the Government complies with Regulation 5.2.2. The Committee takes note of this information, which addresses its previous request.

Adopted by the CEACR in 2020

C115 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.
Articles 1, 3(1), 6, and 10 of the Convention. Notification of work involving exposure of workers to ionizing radiation. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. The Committee notes the Government’s indication in its report that the Occupational Safety and Health (OSH) Regulations were adopted in 2009 pursuant to section 9(1)(j) of the OSH Act, following consultation with the Bermuda Advisory Council for Safety and Health. The Government states that Part 13 of the OSH Regulations deals specifically with electromagnetic radiation and the employers’ duty to ensure that radiation emitting devices are installed, inspected, tested, maintained and operated so as to be safe and without risks to the safety or health of employees. Section 156 of the OSH Regulations provides that, where a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used at a place of employment, the employer shall: (a) so far as is reasonably practicable, ensure that the device is installed, inspected, tested, maintained and operated so as to be safe and without risks to the safety or health of employees; (b) implement the safety codes under section 157; (c) for certain listed devices, make a report to the Safety and Health Office describing the device and its location in the place of employment. Section 157 lists the following Health Canada Safety Codes as the applicable Codes for the purpose of section 156(b): 6, 20A, 23, 24, 25, 28, 29, 30, 31, 32 and 33. The Committee notes that these Codes establish annual recommended dose limits for workers. With reference to paragraphs 30 and 33 of its 2015 General Observation on the application of Convention No. 115, the Committee requests the Government to provide further information on the measures taken to review the maximum permissible doses established for workers, in light of current knowledge. In this respect, it requests the Government to provide further dose limits set for the lens of the eye and for pregnant and breastfeeding workers.
Articles 12 and 13(a). Medical examinations. The Committee notes that section 144(1)(e) of the OSH Regulations requires employers to identify any need for medical examinations, surveillance or other health protection measures for employees who are at risk of exposure to hazardous substances. According to section 9(1) of the OSH Regulations, the Minister may make regulations to require the making of arrangements to promote the health of persons at work, including arrangements for medical examinations and health surveys. The Committee requests the Government to provide information on the measures taken, including any separate regulations adopted, to ensure that all workers directly engaged in radiation work undergo an appropriate medical examination prior to or shortly after taking up such work and also to undergo further medical examinations at appropriate intervals subsequently, in accordance with Article 12 of the Convention.
Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee requests the Government to provide information on the measures taken to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice.
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