Port and flag State control (PSC and FSC) are conducted in accordance with the International Maritime Organization’s (IMO) requirements. Primarily, compliance activities may involve issuing deficiencies or a detention (a prohibition on the vessel being allowed to depart the port).
MLC compliance is one of the core elements of all PSC and FSC inspections. When investigating a MLC complaint, AMSA may attend onboard to conduct a MLC inspection. Where this inspection identifies deficiencies, AMSA will then undertake a port or flag State control inspection, and this will likely include a more detailed inspection.
Every year AMSA publishes the Annual Inspections Report (Port State control (amsa.gov.au)) summarising all the inspection activities of AMSA.
Figure 14 shows the number of MLC deficiencies issued following PSC inspections. Since 2020 there has been an increase in the number of MLC deficiencies.
In 2022, AMSA conducted a total of 2405 PSC inspections resulting in 145 detentions.
Figure 15 – Total number of MLC deficiencies issued per year including MLC deficiencies per inspection, 2018-2022.
In 2022 12 vessels were detained due to serious breaches on the MLC following a PSC inspection. Overall, the number of detentions has remained stable over the past few years (Figure 15). AMSA continues to work proactively and collaboratively with industry in its dealings with MLC related deficiencies.
Figure 16 – Number of PSC MLC related detentions per year 2018-2022
Figure 17 – MLC defiencies as a proportion of all PSC deficiencies in 2022
Figure 18 – MLC detainable deficiencies (n=16) as a proportion of all PSC detainable deficiencies in 2022
Further information on the MLC deficiencies and rate of MLC deficiencies by vessel type is available in the 2022 Inspection Annual report.
PSC deficiency data related to MLC issues
Figure 18 shows the number of PSC MLC deficiencies issued by MLC title in 2022, originating from a more detailed inspection or a PSC inspection.
Regulation 4.3, dealing with health and safety protection and accident prevention, is the major deficiency item identified and is reflected in the number of Title 4 deficiencies below. While most complaints were related to Title 2 – Conditions of employment (as seen in Table 3), PSC MLC deficiency data has identified that health and safety protection which includes bullying and harassment) is the most frequently recorded MLC deficiency on foreign-flagged vessels.
Title 1 – Minimum requirements for seafarers to work on vessels
Title 2 – Conditions of employment
Title 3 – Accommodation, recreational facilities, food and catering
Title 4 – Health protection, medical care, welfare and social security protection (including bullying and harassment)
Title 5 – Compliance and enforcement
Figure 19 – PSC MLC deficiencies originating from a complaint or PSC inspection.
FSC deficiency data related to MLC issues
In 2022, a total of 95 initial FSC inspections were carried out. 29 MLC deficiencies were issued across a total of 18 regulated Australian vessels (13 vessels with one deficiency, three vessels with two deficiencies and two vessels with more than two deficiencies).
Figure 19 shows a breakdown of MLC deficiencies by MLC Title issued during FSC inspections on regulated Australian vessels with Title 4 - Health Protection, medical care, welfare and social security protection representing the highest number.
Figure 20 – FSC MLC deficiencies by MLC Title and whether related to complaint, 2022