INDUSTRIAL ACTION BY CREW

What would you tell your ratings, who are RMT members, if they threaten to go on strike whilst alongside in Rotterdam in support of RMT railwaymen who are striking in the UK?

They would be in breach of Section 42 of Merchant Shipping Act 1970. They may not only be prosecuted, but also sued by the employer for damages for any loss caused. They may give 48 hours' notice of their intention to strike only in a UK port where the ship is moored in a safe berth. The master must not take the ship to sea during that 48 hours.

DEATHS

Master's actions following seaman's death

A seaman dies after being struck on the head by a derrick heel block that he was removing for inspection. What action would you take as master?

I would: (1 ) obtain witness statements at time of the death or as. a. p. thereafter, and make these available to any Superintendent or Proper Officer who later boards in connection with a Section 271 Inquiry; (2) have the cause of death established and certified, if possible, by a doctor, if available; (3) inform the owners/managers; (4) inform the deceased's next-of-kin a. s. a. p. but in any case within 3 days - this will probably be done by owners, but I would check; (5) inform the agent at the next port - he will probably have to inform various local officials, e. g. port health, customs and police; (6) inform the P&l club's correspondent at the next port; (7) have the safety officer investigate, report and make an entry in the accident book; (8) on receipt of the safety officer's report, inform MAIB (by fax, telex, satcoms, etc. ), following up my initial report with a completed IRF form and narrative report, and inserting a copy of this in the OLB; (9) make a Return of Death on Form RBD/1 and send a. s. a. p. to a Marine Office Superintendent in the UK or a Proper Officer abroad (I would call RSS Cardiff if in doubt as to the

procedure); (10) make appropriate discharge entries in the grey spaces of the List of Crew (ALC1(a) or (b) and have them witnessed; (11) preserve the body, if possible, for landing ashore, but if impossible, perform a burial at sea in compliance with the Ship Captain's Medical Guide, but only after advising the Proper Officer at the next port; (12) check the Safe Manning Document and ascertain whether a replacement is required - if so, I would contact the owners or agent at the next port. (13) If no Section 271 Inquiry was held at the next port where there was a Superintendent or Proper Officer, I would make an OLB entry to that effect.

Why is it important to send the RBD/1 a. s. a. p. ?

Because until the death is registered (which can only be done on receipt of the RBD/1 ), a Certificate of Death cannot be issued by the RSS and the relatives of the deceased cannot make an insurance claim or wind up his estate, etc.

Inquiries following deaths

In what circumstances would a UK coroner have jurisdiction to hold an inquest, following a death on a ship or loss of someone from a ship?

When the person's death or loss occurred inside the 12-mile limit extending from the coroner's area ashore.

If a death or loss overboard from a UK ship occurs outside the 12-mile limit, who will have jurisdiction to hold the inquiry?

A senior Superintendent in the UK, or a Proper Officer abroad.

Deceased seaman 's property and wages

What would you do with a deceased

one copy of tally in the luggage and one in the OLB (as an Annex). Customs may want to check the gear before landing.

What would you do with a deceased seaman's wages if he had been paid from the ship?

I would make up his overtime, etc. and wages, and draw up an Account of Seaman's Wages (ASW/2) in accordance with The Seamen's Wages and

Accounts Regulations. \ would have the account sent to a Superintendent or

Proper Officer, and send the wages to the next-of-kin.

RELIEF, MAINTENANCE and REPATRIATION Employer's obligations to make provision

What obligations does the law impose on the employers of a seaman left behind outside the UK?

The seaman's last employer must make provision for his return, and for his relief and maintenance until his return, and such other provisions as may be required by the DETR.

What is the position where you have a non-UK crew who signed on abroad, and you have to leave a seaman behind in a UK port?

The employer's obligations as above apply also in the case of a seaman left behind in the UK who became employed under an agreement entered into outside the UK

Do the employer's obligations apply

also where the master is ten behind? Yes. Do the employer's obligations apply in the case of seamen ten behind when a UK ship is sold out of the flag?

Yes, whether or not at the time they are left behind the ship is still a UK ship. The obligations are imposed on the persons who last employed the seaman (since at the time of leaving behind, there may not legally be any employer). A British seaman is discharged to

hospital in a non-UK port. Does the employer's obligation for relief and maintenance continue if the seaman dies before he can be returned?

Yes. The employer's obligations include payment of expenses of the burial or cremation of a seaman who dies before he can be returned.

A seaman from your ship has been discharged to hospital in a foreign port. For how long will the employer's obligation for relief and maintenance continue?

Until he is repatriated. If the obligation to provide relief and maintenance arises within 3 months of leaving the seaman behind, it continues after that period has elapsed.

A seaman from your ship has

apparently gone absent without leave in a foreign port. If he eventually turns up at the agent's office safe and sound and asks for repatriation, will the employer still be under an obligation to provide for relief, maintenance and repatriation?

Yes, if the man turns up within 3 months from the time he was left behind. Where a person left behind outside the UK remains there beyond 3 months, the persons who last employed him as a seaman will not be liable to make provision for his return, or any other matter, after 3 months has elapsed.

Procedure when leaving seamen behind abroad

To comply with UK employment law, what advice should be given to a seaman who is being signed off abroad?

Clear advice as to arrangements made for his maintenance, repatriation and payment after discharge, if necessary after consultation with the employer. A seaman who witnessed an

explosion is suffering from traumatic shock and requires repatriation to the UK. What arrangements would you make?

I would make relief and travel arrangements with the owners and agent. Local immigration and other regulations may require certain forms or formalities to be completed. Discharge documentation should be completed, whether the seaman is on board or not. Two officers should list the seaman's personal effects. At least two copies of the list should be made. One of them should be annexed to the OLB and another should be sent with the seaman's gear. The seaman's wages and overtime, if paid from the ship, should be made up and an ASW/2 form completed. Otherwise the employer should be notified of overtime payments owing, etc. If the seaman's gear is not landed with him, it should be returned via the agent to the seaman's home address.

If you are leaving a seaman behind in a foreign port, what information must you give to the local Proper Officer?

Provision must be made (via the agent) to ensure that, within 48 hours after leaving the seaman behind, or a. s. a. p. thereafter, the nearest Superintendent or Proper Officer is informed of: the seaman's name; his home address (as stated in the List of Crew); the name and address of his next-of-kin (as in the List of Crew); ship's name; the date on which he was left behind; the place where he was left behind and, if known, his present whereabouts; the reason for his being left behind; and the name and address of his employer and the employer's agent, if any, at or nearest to the place where he was left behind.

What entries would you make in the Official Log Book concerning a seaman left behind?

(1) An entry recording any provision made on the employer's behalf to ensure that the Proper Officer has been informed of the seaman's leaving behind; and (2) an entry recording the date and place of leaving the seaman behind and the reason for leaving him behind.

Property and wages of seamen left behind be Under what circumstances can you

sell or destroy a seaman's gear after he has been left behind?

I can, at any time, sell any part of the property if of a perishable or

deteriorating nature (the proceeds of sale then forming part of the property); and destroy or otherwise dispose of any part which, in my opinion, endangers or is likely to endanger the health or safety of any person on board. A

description must be entered in the OLB of each article sold and the sum received, and of each article destroyed or disposed of, with the name of any person to whom disposal was made.

You have discharged a seaman to a hospital abroad, where he is expected to be for 3 days. His gear is still on board. What are the rules about its delivery to him?

I must, when directed by the employer, have the seaman's property delivered to the employer at an address in the country to which the seaman is to be returned. The employer must deliver the property to the seaman at his last known address. Costs are to be borne by the person to whom the property was delivered. If the seaman requests, I must have the property delivered at an address named by him, and the costs are to be borne by the seaman. I must, when delivering property, include a record of the property delivered. If any property has been sold, the record must include a description of each article sold and the sum received, and if any property has been destroyed or disposed of, a description of each affected article. The seaman's discharge book should be returned with his property.

Although your salary and the officers' salaries are paid into your bank accounts, your ratings are paid cash in hand on board. Where a seaman is left behind abroad, what are the rules about payment of wages due to him?

Unless a seaman left behind was discharged in the normal way and received his wages on his discharge, any wages due under the Crew Agreement must be paid by the employer, or by the master on the employer's behalf, within 28 days of the seaman's arrival at his place of return. An Account of Wages (ASW) must be delivered at the same time.

One of your seamen has 'gone adrift' in Bangkok, but has left a

considerable amount of his wages on board. What are the rules about payment of his wages?

When the employer's obligation to return the seaman ceases (i. e. after the end of 3 months), the wages must be paid within 28 days of the obligation ceasing. If the employer does not know the seaman's whereabouts, an Account of Wages and a notice that the wages may be obtained on

application to the employer must be sent to the seaman's last known address. The master must keep all records of expenses incurred in leaving the seaman behind. If the master is authorised to make a deduction from wages (e. g. because the seaman is AWOL), the employer must render an account of all expenses and sums to the seaman or his next-of-kin, as appropriate, when paying the wages.

COMPLAINTS BY CREW