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STCW Convention  2010

"Manila 2010 Amendments"

 

ILO, STCW, MLC 2006, 33CFR, OPA90. 46USC

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Section B-VIII/1

Guidance regarding fitness for duty

Prevention of fatigue

1.   In observing the rest period requirements, “overriding operational conditions” should be construed to mean only essential shipboard work which cannot be delayed for safety, security or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage.

2.  Although there is no universally accepted technical definition of fatigue, everyone involved in ship operations should be alert to the factors which can contribute to fatigue, including, but not limited to, those identified by the Organization*, and take them into account when making decisions on ship operations.

3.  In applying regulation VIII/1, the following should be taken into account:

  1. Provisions made to prevent fatigue should ensure that excessive or unreasonable overall working hours are not undertaken. In particular, the minimum rest periods specified in section A-VIII/1 should not be interpreted as implying that all other hours may be devoted to watch-keeping or other duties;

  2. The frequency and length of leave periods, and the granting of compensatory leave, are material factors in preventing fatigue from building up over a period of time; and

  3. The provisions may be varied for ships on short sea voyages, provided special safety arrangements are put in place.

4.  Exceptions provided for in section A-VIII/1, paragraph 9, should be construed to mean the exceptions laid down by the ILO Convention on Seafarers’ Hours of Work and the Manning of Ships, 1996 (No.180) or the Maritime Labour Convention, 2006, when it enters into force.

The circumstances under which such exceptions are applied should be defined by the Parties.

5.  Based on information received as a result of investigating maritime casualties, Administrations should keep their provisions on prevention of fatigue under review.

Prevention of drug and alcohol abuse

6.  Drug and alcohol abuse directly affect the fitness and ability of a seafarer to perform watch-keeping duties or duties that involve designated safety, prevention of pollution and security duties. Seafarers found to be under the influence of drugs or alcohol should not be permitted to perform watch-keeping duties or duties that involve designated safety, prevention of pollution and security duties, until they are no longer impaired in their ability to perform those duties.

* See the annex to IMO Assembly resolution A.772(18) on Fatigue factor in manning and safety, paragraphs 2 to 4.4.1 and MSC/Circ.1014. on Guidance on fatigue mitigation and management.

Section A-VIII/1

Old STCW

It must be noted that a ship may be detained if conditions are violated.

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