IMSML Website Article 22/2025: MSN 08/2024 - Notification of 2022 Amendments to the Maritime Labour Convention 2006
These amendments were introduced in Malaysia on 23 December 2024 via Malaysian Shipping Notice (MSN) 08/2024 (ie made under Section 519A of the Merchant Shipping Ordinance 1952). Twelve (12) major amendments were adopted at the 4th Meeting of the International Labour Organisation (ILO) Special Tripartite Committee and approved b y the 110th International Labour Conference, see Paragraph 1. The text of the 2022 Amendments are documented in Annex II of MSN 08/2024.
The First Amendment - Regulation 1.4: Standard A1.4 - Recruitment and Placement
A new Paragraph 5(c)(vi) provides protection using tools such as insurance (or its equivalent) to compensate seafarers:
[1] This provides compensation to seafarers when there is a failure of a recruitment / placement service;
[2] Shipowners are required to inform seafarers are informed of this process and the protection of their rights under this system.
The Second Amendment - Regulation 2.5: Standard A2.5.1 - Repatriation
A new Paragraph 9 provides for a mandatory obligation to facilitate prompt repatriation of seafarers:
[1] Applies when seafarers are deemed to be ‘abandoned’, see Paragraph 2, Standard A2.5.2;
[2] It is mandatory for Port States, Flag States and Labour Supplying States to cooperate with engaged seafarers;
[3] The cooperation extends to seafarers who have been abandoned in their territory, or on a ship flying their flag;
[4] Seafarer are to be accorded all right and entitlements under the Convention during the repatriation process.
The Third Amendment - Regulation 3.1: Standard A3.1 - Accommodation and Recreational Facilities
The new Paragraph 17 provides for what amount to appropriate recreational facilities for seafarers:
[1] This also includes amenities, services and social connectivity;
[2] These services must be adapted to meet the special needs of seafarers who must live and work on the ship;
[3] Such amenities shall be provided for the benefit of all seafarers on board the ship;
[4] Provision of these services have to take into account health, safety protection and accident prevention.
The Fourth Amendment - Regulation 3.1: Guideline B3.1.11 - Recreational Facilities, Mail and Ship Visit Arrangements
The new Paragraph 4(j) contains the following:
[1] Where available, access to ship-to-shore telephone communication has to be reasonable;
[2] The amount charged for these services also has to be reasonable.
A new Paragraph 8 introduces the following obligations:
[1] Provision of Internet services to seafarers who on board the ship;
[2] Access should be reasonably practicable;
[3] The amount charged for these services should also be reasonable.
The Fifth Amendment - Regulation 4.4: Guideline B4.4.2 - Welfare Facilities and Services in Ports
A new Paragraph 5 reinforces Paragraph 4(j) and 8:
[1] Internet access should be provided at associated anchorages;
[2] This should be done as far as is reasonably practicable;
[3] Charges should be at a reasonable amount.
The Sixth Amendment - Regulation 3.2: Standard A3.2 - Food and Catering
Contents of a new Paragraph 2(a) and 2(b) which replace an older Paragraph 7(a):
[1] Compliance with religious requirements and cultural practices for food and drinking water supplies;
[2] This will depend on the duration and nature of the voyage;
[3] Suitability will be measured in the content of:
[a] Quality;
[b] Nutritional value;
[c] Quality;
[d] Variety.
[4] Food and beverage shall be provided free of charge during the period of engagement;
[5] Seafarers are entitled to adequate, varied, balanced and nutritious meals;
[6] Meals are to be prepared and served in hygienic conditions.
The Seventh Amendment - Regulation 4.1: Standard A4.1 - Medical Care on Board the Ship
Stipulations in a a new Paragraph 5:
[1] Seafarers in need of immediate medical care are entitled to a prompt disembarkation;
[2] Seafarers are entitled to onshore medical facilities ashore for the provision of appropriate treatment.
The contents of a new Paragraph 6:
[1] There is a duty to facilitate a body or ashes of a seafarer who has died on the high seas, and the body enters territorial waters;
[2] The wishes of the seafarer or their next of kin have to be taken into account.
The Eighth Amendment - Regulation 4.1: Guideline B4.1.3 - Medical Care Ashore
Provisions in a new Paragraph 4:
[1] Seafarers are not be prevented from disembarking for public health reasons;
[2] The ships should be able to replenish ships’ stores, fuel, water, food and supplies.
Contents of a new Paragraph 5 - Seafarers are deemed to be in need of immediate medical care in the following circumstances:
[1] Any serious injury or disease;
[2] Any serious injury or disease which may lead to temporary or permanent disability;
[3] Any communicable disease which poses a risk of transmission to other members of the crew;
[4] Any injury involving broken bones, severe bleeding, broken or inflamed teeth or severe burns;
[5] Severe pains which cannot be managed on board the ship, taking into account the following:
[a] Operational pattern of the ship;
[b] Suitability of analgesics;
[c] Health impacts of taking analgesics for an extended period.
[6] Suicide risk;
[7] A tele-medical advisory service recommending treatment ashore.
The Ninth Amendment - Regulation 4.1: Guideline B4.1.4 - Medical Assistance to Other Ships and International Cooperation
A new Paragraph 1(k) contains the following:
[1] A duty to arrange the repatriation of bodies or ashes of deceased seafarers;
[2] The wishes of the seafarers or their next of kin are to be respected;
[3] The duty under this paragraph are to be performed as appropriate and as soon as practicable.
The Tenth Amendment - Regulation 4.3: Standard A4.3 - Health and Safety Protection and Accident Prevention
There is now a new Paragraph 1(b) which has the following stipulations:
[1] Reasonable precautions to prevent occupational accidents, injuries and diseases on board the ship;
[2] Provision of appropriately sized personal protective equipment;
[3] Measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals;
[4] Reducing risk of injury or disease that may arise from use of equipment and machinery on board ships.
Stipulations in a new Paragraph 5(a):
[1] Adequate investigation of any deaths of seafarers employed, engaged or working onboard ships;
[2] All deaths are to be recorded and reported on an annual basis to the Director General of the International Labour Office;
[3] Logged incidents are to be published in a global register.
The Eleventh Amendment - Regulation 4.3: Guideline B4.3.5 - Reporting and Collection of Statistics
Duty in a new Paragraph 4:
Reporting of fatality data in the stated format, ie using classification specified by the International Labour Office.
Content of a new Paragraph 5:
Fatality data includes (but is not limited to) the following:
[1] Classification / Type of death;
[2] Ship type and gross tonnage;
[3] Location of fatality (eg at sea, in port, at anchorage);
[4] Seafarer’s gender, age, occupational position and department.
The Twelfth and Final Amendment - The Appendix
Appendix A2-I
This deals with evidence of financial security under Regulation 2.5, Paragraph 2. A new item (g) provides for the name of the shipowner, or the registered owner if different from the shipowner.
Appendix A4-I
This provides for evidence of financial under Regulation 4.2. Just as in Regulation 2.5 above, a new item (g) provides for the name of the shipowner, and if different from the shipowner, the name of the registered instead.
Thank you for reading IMSML Website Article 22/2025
Stay tuned for the next IMSML Website Article 23/2025: MSN 01/2025 - List of recognized Insurance service Providers or Financial Security Service Providers by Malaysia Marine Department (MMD) for Issuance of Certificate for International Convention CLC 1992, BCC2001 and WRC2007
Signing-off for today,
Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT
Professor of Maritime and Transport Law
Head of the Centre for Advocacy and Dispute Resolution
Faculty of Law
Universiti Teknologi MARA Shah Alam
Selangor, Malaysia
Tuesday, 3 June 2025
Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my