Labour Inspection (Seafarers) Convention, 1996 (No. 178) - Norway (Ratification: 1999)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest that, on 10 February 2009, Norway ratified the Maritime Labour Convention, 2006 (MLC, 2006). The entry into force for Norway of the MLC, 2006, will result in the denunciation of, among others, the present Convention. Pending the entry into force of the MLC, 2006, however, the Committee will continue to examine the conformity of national legislation with the relevant requirements of the present Convention. The Committee recalls that the main provisions of the Convention have been incorporated in Regulation 5.1 and the corresponding Code of the MLC, 2006, and that therefore compliance with Convention No. 178 will facilitate compliance with the respective provisions of the MLC, 2006.

Articles 2(3), 4 and 5(1) of the Convention. Inspectors. The Committee notes the adoption of the Ship Safety and Security Act No. 9 of 16 February 2007, in particular Chapter 7 on supervision. The Committee, referring also to Standards A5.1.4(2), (3) and A5.1.2(4) of the MLC, 2006, requests the Government to provide additional information on: (i) the qualifications required for being appointed as an inspector; (ii) the number of inspectors; (iii) the status and conditions of service of inspectors ensuring their independence of any external influences; and (iv) organizations authorized to carry out inspections on behalf of the Norwegian Maritime Directorate.

Article 6. Compensation for unreasonable detention or delay. The Committee notes section 52 of the Ship Safety and Security Act, which provides for coercive measures in relation to ships. The Committee, referring also to Standard A5.1.4(15) and (16) of the MLC, 2006, requests the Government to indicate how it is ensured in law and practice that when conducting inspections every effort is made to avoid a ship being unreasonably detained or delayed and also that the shipowner is entitled to compensation for any loss suffered  in the event of such unreasonable detention or delay.

Articles 8 and 9. Reports. Further to its previous comment, the Committee notes that the Government refers to Circular 7.5-1-083, presumably as implementing the requirements of these Articles of the Convention. The Committee requests the Government to transmit a copy of this document, which is not available to the Office. The Committee also notes Circular 02/2008 (Rev.2) of 15 June 2009, which provides for inspections at intervals of two-and-a-half years, the use of a standard “ILO 178 checklist” and the posting of a “ILO 178 report” on board after each survey. The Committee again requests the Government to provide more detailed information on: (i) the maintenance of records of inspections of seafarers’ working and living conditions; and (ii) the publication of an annual report on inspection activities. The Committee also requests the Government to reply to the comments previously made by the Norwegian Seafarers’ Union on the Government’s alleged failure to keep statistics or records in accordance with Part IV of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including for instance, the number of ships and seafarers covered by the relevant legislation, statistics on inspection visits and the results obtained, copies of official publications, such as activity reports of the Norwegian Maritime Directorate, as well as sample copies of ship inspection reports.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report as well as of the observation made by the Norwegian Seafarers’ Union. It notes with interest that the reports on inspection activities are now published in the annual report for the Norwegian Maritime Directorate, to give effect to Article 8, paragraph 2, of the Convention. The Committee also notes the Government’s response to its previous comments concerning Article 1, paragraphs 3 and 7(c); Article 2, paragraph 2; Article 4; Article 5, paragraph 1; Article 6, paragraph 2; and Article 7, paragraph 1.

The Committee draws the Government’s attention to the following remaining points.

Article 2, paragraph 2. Inspection of seafarers’ working and living conditions. In its first report on the application of the Convention, the Government refers to guidelines that the Norwegian Maritime Directorate has issued to implement this provision of the Convention, concerning for example, minimum age, medical records, seafarers’ employment and food and catering. The Committee requests the Government to provide copies of these guidelines.

Article 3, paragraph 1. Periodic inspections of seafarers’ working and living conditions. With reference to the Committee’s previous request to specify the items covered by periodic inspections, the Government states that there is no specific system determining which of the subjects listed in Article 1, paragraph 7(e), will be covered by intermediate surveys. The Committee asks the Government to clarify whether the intermediate surveys referred to by the Government cover all seafarers’ working and living conditions as defined in the Convention.

Article 5, paragraph 2; Article 6, paragraph 1. Powers of inspectors. To indicate the specific provisions of national laws or regulations laying down the powers of inspectors, the Government refers to the Seaworthiness Act and its Regulations. Section 12 of the Act authorizes inspectors to board and inspect Norwegian ships. Sections 24 and 27 concern detention of ships and injunctions which must be complied with, but only in cases which are due to technical aspects of the seaworthiness of ships as defined in section 2. The Committee requests the Government to specify the particular provisions in national laws or regulations ensuring that inspectors may require, when they find deficiencies in the working and living conditions of seafarers, that such deficiencies be remedied (Article 5, paragraph 2(c)) and that, as a last resort, ships may be prohibited from leaving port (Article 5, paragraph 2(d)).

Article 8, paragraph 1; Article 9, paragraph 1; Part V of the report form. Records and reports of inspections. The Government indicates that the inspection of working and living conditions is integrated in the ordinary inspection routine that includes all aspects of the ship. The Norwegian Seafarers’ Union asserts that Norway, despite its participation in the Paris MoU “Concentrated inspection campaign on seafarers’ working and living conditions” in 2004, is still unable to keep statistics or records in accordance with Part IV of the Convention. Since the inspection of seafarers’ working and living conditions was as important as the technical inspection of a ship, the union recommends that the Norwegian Maritime Directorate be allocated adequate funds and properly trained inspectors to inspect working and living conditions, maintain records and make available reports to the seafarers and/or their representatives. The Committee asks the Government to indicate by what means it is ensured: (i) that the central coordinating authority maintains records of inspections of seafarers’ working and living conditions; and (ii) that one copy of the inspection report in English or in the working language of the ship is furnished to the master, and another copy is posted on the ship’s notice board for the information of the seafarers or sent to their representatives. Please also provide the reports on inspection activities which are published in the annual report for the Norwegian Maritime Directorate.

Furthermore, please supply copies of the Seaworthiness Act, as last amended, and of the Regulations issued thereunder that are relevant to the application of this Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report. It notes that the reports on inspection activities of the Norwegian Maritime Directorate are published regularly, but not yet annually. The Committee asks the Government to take measures to have reports on inspection activities published annually in accordance with Article 8, paragraph 2, of the Convention.

The Committee also asks the Government to provide further information on the following points.

Article 1, paragraph 3. Please clarify whether the Convention is applied to tugs of less than 500 GRT.

Article 1, paragraph 7(c). Please clarify whether the Norwegian Maritime Directorate, in addition to supervision of the observance of laws and regulations, exercises supervision over the observance of arbitration awards and collective agreements upon which the force of law is conferred.

Article 2, paragraph 2. Please indicate specific provisions of national laws or regulations dealing with the inspection of seafarers’ working and living conditions.

Article 3, paragraph 1. Please indicate which of the subjects listed in Article 1, paragraph 7(e), of the Convention are covered by the intermediate surveys taking place every two-and-a-half years.

Article 4. Please indicate how it is ensured that inspectors are qualified for the performance of their duties, and whether there are any inspectors specializing in inspections of seafarers’ working and living conditions.

Article 5, paragraph 1. The Committee asks the Government to indicate how it is ensured that persons performing inspections for an institution or organization authorized by the central coordinating authority in accordance with Article 2, paragraph 3, of the Convention are independent of improper external influences.

Article 5, paragraph 2. Please indicate specific provisions of national laws or regulations giving effect to Article 5, paragraphs 2(a)-(d), of the Convention as concerns the powers of inspectors.

Article 6, paragraph 1. Please indicate provisions of legislation concerning detention of ships on grounds concerning working and living conditions.

Article 6, paragraph 2. The Committee asks the Government to provide information on the provisions which give effect to Article 6, paragraph 2, of the Convention and, if applicable, on cases where the shipowner or the operator of the ship is entitled to compensation.

Article 7, paragraph 1. Please indicate what penalties are prescribed: (i) for violations of the legal provisions concerning seafarers’ working and living conditions which are not covered by article 414 of the General Civil Penal Code, such as, for example, minimum age, food and catering, crew accommodation, hours of work, medical care, sickness and injury benefits, social welfare and related matters, repatriation, terms and conditions of employment which are subject to national laws and regulations; and (ii) for obstructing inspectors in the performance of their duties.

Article 9, paragraph 1. Please indicate specific provisions of national laws or regulations requiring that one copy of the inspection report in English or in the working language of the ship is furnished to the master of the ship and another copy is posted on the ship’s notice board for the information of the seafarers or sent to their representatives.

The Committee also asks the Government to provide copies of the guidelines for inspections (concerning, for example, minimum age, medical record, seafarers’ employment, and food and catering) prepared by the Norwegian Maritime Directorate.