INTERNATIONAL MARITIME ORGANIZATION
The International Maritime Organization (IMO) has issued a massive amount of guidance, advice, protocols and recommendations.
The full list can accessed in multiple languages via the IMO website here.
Issue date of information: various
Date of SAL validity check: 01 December 2020; valid
INTERNATIONAL CHAMBER OF SHIPPING
The International Chamber of Shipping (ICS) has issued a large amount of guidance, advice and recommendations.
Readers can begin exploring the ICS website for COVID-19 information here.
Issue date of information: various
Date of SAL validity check: 01 December 2020; valid
International Civil Aviation Organization
The International Civil Aviation Organization, a specialist body of the United Nations, is relevant to the maritime industry in the COVID-19 crisis.
ICAO Seafarer related information
The ICAO has created a Global Airport and Aviation Tracker which gives an indication of restrictions at airports around the world along with how many aircraft arrivals and departures are taking place. The information is automatically updated on a daily basis.
Issue date of information: various
Date of SAL validity check: 01 December 2020; valid
POLICY
Seafarer Health: Facilitation of Maritime Traffic Convention
Commonly known as "FAL", the Facilitation of Maritime Traffic Convention (1965) has medical relevance.
FAL Annex 1, Section 4, Standard 4.9 states: "There should be maintained readily available at as many ports in a State as feasible such medical facilities as may be reasonable and practicable for the emergency treatment of crews and passengers".
Issue date of information: various
Date of SAL validity check: 01 December 2020; valid
DATE
Ongoing
POLICY
IMO: seafarers must have onshore access to medical care
The right to health is a basic human right under international law. Seafarer access to medical care ashore is also a legally protected right under international law and also under Australian law – particularly under the Federal Biosecurity Act 2015 (Commonwealth), section 4(b).
The International Maritime Organization, a specialist agency of the United Nations has endorsed “Recommendations for port and coastal States on the prompt disembarkation of seafarers for medical care ashore during the COVID-19 pandemic“.
The IMO urges all port and coastal states to apply the IMO recommendations and to bring those recommendations to the attention of “all concerned”, in particular border control and port health authorities.
When a ship reports a suspected or confirmed case of COVID-19, port and coastal states are urged to:
- grant the ship permission to enter port and proceed to a berth regardless of whether or not they were due to call at a port or terminal in that territory
- grant ships permission to disembark the suspected or confirmed case of COVID-19 for transfer to a medical facility ashore without delay
- arrange for the prompt disembarkation and transfer of the person from the ship to a medical facility ashore
- allow the seafarer to remain and receive care at the medical or other facility and recover before being duly repatriated by the shipowner
- arrange minimisation of potential exposure of other persons and infrastructure by implementing applicable infection prevention and control measures
- permit normal ship operations to begin and proceed as planned
- require shore-based personnel that may interact with the ship to wear appropriate PPE and to use applicable infection prevention and control measures
- allow the ship to depart and proceed on its voyage (subject to any necessary dispensation by the flag state)
When a ship reports that one of its seafarers requires medical care ashore and that mariner is not suspected of having COVID-19, the port/coastal state authorities are recommended to:
- grant the ship permission to enter port and proceed to a berth regardless of whether or not they were due to call at a port or terminal in that territory
- grant ships permission to disembark the seafarer that requires medical attention and transfer him or her to a medical facility ashore without delay
- arrange from the prompt disembarkation and transfer of the seafarer from the ship to a medical facility ashore for further assessment and medical care
- allow any seafarer who is receiving medical treatment to remain and receive care at the medical or other facility and recover before being duly repatriated by the shipowner
- apply infection prevention and control measures to minimise the exposure of the seafarer to infrastructure and personnel in port
- permit normal ship operations to begin and proceed as planned
- require shore-based personnel that may interact with the ship to wear appropriate protective equipment and to use applicable infection prevention and control measures
- allow the ship to depart and proceed on its voyage (subject to any necessary dispensation by the flag state)
Source: "Recommendations for port and coastal States on the prompt disembarkation of seafarers for medical care ashore during the COVID-19 pandemic", IMO, 01 July 2020
DATE
09 July
POLICY
World governments pledge to tackle global seafarer crew change crisis
Governments from 13 countries around the world have noted that the ability of shipping companies to continue conducting crew changes is “critical” and the governments have declared they are “deeply concerned” by the global crisis in seafaring.
Following the International Maritime Summit on Crew Changes earlier this week, held by the government of the United Kingdom of Great Britain and Northern Ireland, 13 governments have acknowledged as a matter of “urgent concern”:
- that the inability of ship operators worldwide to conduct ship’s crew changes is the single most pressing maritime operational challenge to the safe and efficient movement of global trade
- at least 200,000 seafarers are estimated to require immediate repatriation
- seafarers’ tours of duty cannot continue to be extended
- the global shipping industry estimates that, since March 2020, only about 25% of normal crew changes have taken place
- apart from the humanitarian and crew welfare concerns, and issues of regulatory compliance, there is an increasing risk that fatigue, and mental health issues could lead to serious maritime accidents
- the complexity of facilitating ship’s crew changes requires concerted action as well as access to commercial flights to the principal seafarer countries of origin and those countries where crew changes take place
- there is a need for swift action without further delay to allow crew changes and to avoid further consequences to the already fragile global supply chain
- that the lessons learned during the COVID-19 outbreak be used to create international protocols to provide practical instruments to facilitate shipping operations and enable seafarers to perform their essential role, in case of a future global pandemic.
The governments have also pledged:
- to call for all International Maritime Organization (IMO) states to designate seafarers as “key workers”
- to facilitate a safe and unhindered movement for embarking or disembarking a vessel
- to consider ways to accept internationally recognised documentation of seafarers as evidence of their status as key workers, their purpose of travel and movement for crew changes
- engage in discussions about implementation of the IMO’s recommended framework of protocols for ensuring safe ship crew changes and travel during the coronavirus (COVID-19) pandemic
- review, in conjunction with appropriate ministries, agencies and authorities at national and local levels all restrictions that may affect seafarer crew changes
- urge all IMO members to take any necessary measures to ensure seafarers affected by the COVID-19 pandemic enjoy safe crew changes as well as repatriation.
The governments expressed their “deepest appreciation” to the world’s seafarers. “Together, we can avert the global crisis that is unfolding at sea,” the statement reads.
Signatory countries are the United Kingdom, Denmark, France, Germany, Greece, Indonesia, Netherlands, Norway, Philippines, Saudi Arabia, Singapore, United Arab Emirates, and the United States of America.
The full statement from the 13 countries can be read online here.
DATE
06 May
POLICY
IMO: COVID-19 related guidelines for ensuring a safe shipboard interface between ship and shore-based personnel
Guidelines for the shipboard interface between ship and shore-based personnel during port calls have been issued by the International Maritime Organization.
In its guidance, the IMO writes that issues are often related to ship's crews and shore-based workers such as agents, inspectors, pilots, stevedores, surveyors and others following conflicting procedures to mitigate against the risk of infection from the COVID-19 virus.
There are differing views globally regarding what risk-based measures are appropriate. Requirements and guidance may therefore differ from state-to-state and from company-to-company.
The objective of the guidance is to address the major concerns and expectations of ship's crews and shore-based personnel.
Recommendations
The guidance provides numerous recommendations on risk management and communication. It also contains a maritime-specific Hierarchy of Controls table that can be used as a guide to establishing effective safety control measures and reducing risk during a ship-shore interaction.
The guidance also provides a series of simple steps and precautions that can be taken, along with a recommendation that disclosure should be made if any person subsequently develops COVID-19 symptoms after a ship-shore interaction.
Source: "COVID-19 related guidelines for ensuring a safe shipboard interface between ship and shore-based personnel," Circular Letter No.4204/Add.16, International Maritime Organization, 6 May 2020
DATE
05 May
POLICY
IMO: Recommended framework of protocols for ensuring safe ship crew changes and travel
Shipping companies around the world are finding it very difficult to carry out seafarer crew changes. The International Maritime Organization (IMO) notes that large numbers of seafarers are having to extend their service on board ships after many months at sea, unable to be replaced after long tours of duty or be repatriated via aircraft to their home countries.
Noting that shipping is vital to the maintenance of global supply chains, but that the current situation is unsustainable for the safety and wellbeing of ship crew and the safe operation of maritime trade, the IMO has endorsed and issued its: "Recommended framework of protocols for ensuring safe ship crew changes and travel during the coronavirus (COVID-19) pandemic" in the form of Circular Letter No.4204/Add.14 of 5 May 2020.
Purpose
The framework of protocols sets out general measures and procedures that should, so far as practicable, be implemented by Governments and all stakeholders concerned – although these can be modified as appropriate – to facilitate safe ship crew changes during the COVID-19 pandemic. The recommendations are addressed to all appropriate official bodies such as governments, border agencies, seaports and others.
Content
The protocols are extensive and only a very superficial summary can be included here. There are two sets of protocols: those for on-signing crew about to leave home to go and join a ship and a corresponding set for off-signing crew about to leave a ship and go home. The protocols are extremely detailed and cover what shipping companies and seafarers should do before during and after a journey to and from a ship. It covers what should be done during time spent at home before departure, travel to airport, time in the airport, time in hotels, time travelling to/from ships, time on board and also during many more stages before, during and after crew changes.
DOCUMENTATION
Implementation of the protocols should be supported by documentation. A variety of templates are provided in the Recommended Protocols document. The IMO recommends that the following documentation should be carried by seafarers:
- Evidence of Seafarer Status Document(s)
- Crew Health Self-Declaration Form & Daily Temperature Records
- Employer Letter and Crew Change & Travel Information Sheet
CONSULTATION
The IMO consulted with a broad cross-section of global industry associations representing the maritime transportation sector, as follows: ICS, IAPH, BIMCO, IFSMA, INTERTANKO, P&I Clubs, CLIA, INTERCARGO, InterManager, IPTA, IMCA, INTERFERRY, FONASBA, ITF, WSC, and the International Air Transport Association (IATA).
Source: "Recommended framework of protocols for ensuring safe ship crew changes and travel during the coronavirus (COVID-19) pandemic" Circular Letter No.4204/Add.14 of 5 May 2020.
DATE
Ongoing
POLICY
ILO: Maritime Labour Convention
The International Labour Organization (ILO) has a variety of COVID-19 related shipping and ports material.
Of particular relevance is the "Maritime Labour Convention" which governs the terms and conditions of employment of seafarers.
According to the ILO, the MLC sets out seafarers' rights to decent working conditions in one document. It covers many different aspects of their working life including:
- minimum age
- seafarers’ employment agreements
- hours of work or rest
- payment of wages
- paid annual leave
- repatriation at the end of contract
- onboard medical care
- the use of licensed private recruitment and placement services
- accommodation, food and catering
- health and safety protection and accident prevention
- seafarers’ complaint handling
Visit the appropriate web pages of the ILO here.
The MLC is directly found in Australian maritime law in Marine order 11—Living and working conditions on vessels.
See the segment below for the application of the MLC during the coronavirus pandemic.
DATE
07 April 2020
POLICY
ILO: Information note on maritime labour issues and coronavirus (COVID-19)
The International Labour Organization (ILO) has produced a coronavirus-related information note on Maritime Labour Convention-related issues that covers:
- Seafarers' safety & health
- Facilitation of transit and transfer of seafarers and repatriation
- Expiry of seafarers' employment agreements
- Maximum period of service on board and safeguards
- Reduction of minimum manning
- Entry of medical certificates
- Certification in respect of training and qualifications
- Maritime labour certificate and inspections
- Social protection: Seafarer's entitlement to paid sick leave in case of infection or quarantine
- Shore leave and welfare facilities during the pandemic
- Abandonment of seafarers
Source: "Information note on maritime labour issues and coronavirus (COVID-19)", ILO, 07 April 2020
DATE
12 Mar 20
POLICY
Tokyo MOU guidance for dealing with the impact of COVID-19
The Tokyo MOU has recognised that the shipping industry is facing challenges in meeting statutory requirements as stipulated in the Maritime Labour Convention 2006 and relevant conventions of the International Maritime Organization.
Member authorities of the Tokyo MOU have agreed to adopt guidance for dealing with the global health crisis by adopting "a pragmatic and harmonized approach" to such matters as extended periods of service for seafarers, delaying periods for surveys, inspections and audits, among other issues.
The general principle is that requests / issues will be considered on a case-by-case basis with the relevant Port State authority, which, in this country, is the Australian Maritime Safety Authority.
Further details can be found in the statement from the Tokyo MOU of 12 March 2020.
Details on the application of various port state control and Maritime Labour Convention matters by AMSA can be found in our pages on Australia's national rules.
DATE
Ongoing
POLICY
WHO: International Health Regulations
Australia is a member of the World Health Organization (WHO) and is therefore bound by the International Health Regulations 2005 which generally entered into force in 2007.
According to the WHO, the purpose of the Regulations is "to prevent, protect against, control and provide a public health response to the international spread of disease in ways ... which avoid unnecessary interference with international traffic and trade".
Annex 1A and 1B of the Regulations impose duties on countries to provide access to an appropriate medical service so as to allow the prompt assessment and care of ill travellers. They also require the provision of access to equipment and personnel for the transport of ill travellers to an appropriate medical facility; and for countries to provide an assessment of, and care for, affected travellers by establishing arrangements with local medical facilities for their isolation, treatment and other support facilities and services that may be required.
The Federal Department of Health has a short factsheet on the IHR here.
In Australia, section 4(b) of the Commonwealth's Biosecurity Act 2015 says that one of the objects of the Act is to give effect to Australia's international rights and obligations, including under the International Health Regulations.
Visit the appropriate web pages of the ILO here.
DATE
Ongoing
POLICY
WHO: Operational considerations for managing COVID-19 cases/outbreak on board ships
The World Health Organization has produced a document "Operational considerations for managing COVID-19 cases/outbreak on board ships" based on the evidence available about COVID-19 transmission via respiratory droplets or direct contact from infected individuals.
The target audience of this documents is any authority involved in public health response to a COVID-19 public health event on board ships, including International Health Regulations (IHR) National Focal Point (NFP), port health authorities, local, provincial and national health surveillance and response system, as well as port operators and ship operators.
The WHO recommends reading the document alongside the WHO's "Handbook for the Management of Public Health Events on Ships".
DATE
Released: 26 August 2020
POLICY
"Coronavirus (COVID-19) Protocols to Mitigate the Risks of Cases On Board Ships" has been released by three international maritime bodies, the International Chamber of Shipping, the International Maritime Health Association and Intertanko.
"As we progress through the COVID-19 pandemic, it is vital to keep trade moving. To do that, we must ensure that crew can embark and disembark safely and efficiently", the three bodies say.
In the 26 August COVID-19 Protocols there are two tools to help ship operators manage cases on board. The first is a large flowchart that helps identify a process to follow when managing a larger number of suspected cases. The second is a PCR-testing procedures matrix to help identify what to do and when before boarding a ship if a suspect case is identified.
Download the document here:
"Coronavirus (COVID-19) Protocols to mitigate the risks of cases on board ships" 26 August 2020 by ICS, IMHA, Intertanko