1、 Guide for Certification of Seafarer Recruitment and Placement Service Providers GUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS AUGUST 2011 American Bureau of Shipping Incorporated by Act of Legislature of the State of New York 1862 Copyright 2011 American Bureau of
2、Shipping ABS Plaza 16855 Northchase Drive Houston, TX 77060 USA ii ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 Foreword Foreword This ABS Guide for Certification of Recruitment and Placement Service Providers, hereafter referred to as “this Guide”, has be
3、en developed with the objective of establishing the minimum requirements expected of those agencies providing manning services for vessels subject to the International Labour Organization Maritime Labour Convention, 2006. The requirements in this Guide are based on industry recognized quality manage
4、ment system principles and are in addition to the requirements of the ILO Maritime Labour Convention, 2006, hereafter referred to as “the Convention”. Nothing in this Guide is intended to supersede any portion of the Convention. Where conflict may arise between this Guide and the Convention, the req
5、uirement of the Convention is to have precedence. Users of this Guide are welcomed to contact ABS with any questions or comments concerning this Guide. Users are also advised to check periodically on the ABS website www.eagle.org to verify that this version of the Guide is current. Comments or sugge
6、stions can be sent electronically to rsdeagle.org The effective date of this Guide is the first day of the month of publication. ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 iii Table of Contents GUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMEN
7、T SERVICE PROVIDERS CONTENTS SECTION 1 General 1 1 Terms and Definitions.1 2 Certification .2 3 Representations3 4 Termination .3 SECTION 2 Management Responsibility 4 1 Quality Policy and Objectives .4 2 Management System4 3 Control of Documents .4 4 Control of Records4 5 National and Other Legal R
8、equirements 4 SECTION 3 Provisions for Recruitment and Placement Services . 5 1 Registers.5 2 Exploitation .5 3 Review of Recruitment and Placement Service Requirements5 4 Employment Agreements6 5 Competence, Training, and Awareness6 6 Seafarer Complaints .7 SECTION 4 Measurement, Planning, and Impr
9、ovement . 8 1 Customer Satisfaction and Communications8 2 Internal Audits .8 3 Control of Nonconforming Service Delivery (Product)9 4 Continual Improvement.9 5 Corrective Action.9 6 Preventative Action.9 7 Management Review 9 APPENDIX 1 Correspondence between ABS RPS Guide, MLC 2006, and ISO 9001:20
10、08. 10 This Page Intentionally Left Blank ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 1 Section 1: General SECTION 1 General 1 Terms and Definitions Audit Systematic, independent, and documented process for obtaining and evaluating objective evidence thro
11、ugh a sampling process to determine the extent to which “audit criteria” are fulfilled. Auditor Person with the competence to conduct an audit. Certification (MLC) The decision by ABS that the Companys management system meets the applicable requirements of the ABS Guide for Certification of Seafarer
12、 Recruitment and Placement Service Providers and the Convention. Continual Improvement The recurring process of enhancing the management system in order to achieve best management practices and other improvements in overall performance of the management system. Convention Means the International Lab
13、our Organization Maritime Labour Convention, 2006 (MLC, 2006). Corrective Action Action to eliminate the cause of a detected deficiency or other undesirable situation. Competent Authority Means the Minister, government department, or other authority having power to issue and enforce regulations, ord
14、ers, or other instructions having the force of law in respect of the subject matter of the provision concerned. Customer Company or person that receives a product or service. Customer Satisfaction Perception of the degree to which the Customers requirements have been fulfilled. Internal Audit System
15、atic, independent, and documented process for obtaining and evaluating objective evidence through a sampling process to determine the extent to which the management system audit criteria are fulfilled. Interested Parties Person or group, inside or outside the workplace, concerned with or affected by
16、 the performance of the Company. Major Nonconformity The identifiable deviation where there are grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers rights), or represent a significant danger to seafarers safety, health, and/or s
17、ecurity. Management System The interrelated or interacting processes used to direct and control a Company. Manning Agency See “Seafarer Recruitment and Placement Service”. Maritime Labour Convention, 2006 The comprehensive International Labour Convention adopted on 23 February 2006, which defines se
18、afarers rights to decent conditions of work on a wide range of subjects. Also referred to as “the Convention”. Objective A goal stated in terms of the management systems performance that the Company sets itself to achieve. Objective Evidence Means quantitative or qualitative information, records, or
19、 statements of fact based on observation, measurement, or testing that can be verified. Observation Means a statement of fact made during a management audit and substantiated by objective evidence. Preventive Action Action to eliminate the cause of a potential non-conformity or other undesirable pot
20、ential situation. Section 1 General 2 ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 Procedure Specified way to carry out an activity or a process. Record Document stating results achieved or providing evidence of activities performed. Requirement A need or
21、expectation generally stated, generally implied, or obligatory. Seafarer Means any person who is employed or engaged or works in any capacity onboard a ship to which the Convention applies. Seafarers Employment Agreement Includes both a contract of employment and articles of agreement. Seafarer Recr
22、uitment and Placement Service Means any person, company, institution, agency, or other organization, in the public or the private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners. Ship Means a ship other than one which navigates exclusivel
23、y in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. Shipowner Means the owner of the ship or another organization or person, such as the manager, agent, or bareboat charterer, who has assumed the responsibility for the operation of the
24、 ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Maritime Labour Convention, 2006, regardless of whether any other organization or persons fulfill certain of the duties or responsibilit
25、ies on behalf of the shipowner. Top Management Person(s) who directs or controls a Company. 2 Certification Companies seeking certification to the requirements of this Guide shall fulfill the following responsibilities: i) Document, implement, and maintain a management system in accordance with the
26、pertinent requirements of this Guide ii) Submit management system manual(s) and appropriate supporting documentation to ABS for review. iii) Satisfactorily complete an initial audit to verify compliance with the requirements of the Convention and this Guide. iv) Inform ABS in writing of major change
27、s to management system elements so that the changes may be evaluated by ABS and appropriate action taken. Major changes are considered as any change that alters the intent or substance of the management system including: managerial organizational structure, upgrade/downgrade of process capability, l
28、ocation, control or flow. v) Satisfactorily complete periodical surveillance or additional audits at intervals not exceeding twelve months to verify ongoing compliance with the requirements of the Convention and this Guide and continual improvement of the management system. vi) Satisfactorily comple
29、te a renewal audit at the end of the three-year certification cycle. Assessments are based upon a sampling process. The absence of recorded nonconformities does not mean that none exist. Nothing contained herein or in any certificate or report issued in connection with a certificate is intended to r
30、elieve any designer, builder, owner, manufacturer, seller, supplier, repairer, operator, insurer, or other entity of any duty to inspect or any other duty or warranty, express or implied, nor to create any interest, right, claim, or benefit in any insurer or other third party. In fulfillment of the
31、foregoing, ABS is to be allowed access to all certified locations during normal working hours in order to assess the management system to determine compliance with the Convention and this Guide. This Guide is subject to revision without notice. Updates may include, among other things, additional req
32、uirements or clarification of existing requirements. Companies certified to the requirements of this Guide shall be required to comply with the changes within two years after their publication. The latest version of this Guide can be freely referenced from the ABS website: “www.eagle.org”, in the Ru
33、les and Guides section. Section 1 General ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 3 3 Representations Certification is a representation by ABS that, at the time of assessment, the Company had established and implemented a management system in accordan
34、ce with the requirements in this Guide. Certification is not a representation that the Company always acts in compliance with the management system or that the management system addresses all contingencies. Management performance remains the responsibility of the Company. 4 Termination The continuan
35、ce of certification is conditional upon the Companys continued compliance with the Convention and this Guide. ABS reserves the right to reconsider, withhold, suspend or cancel the certificate for noncompliance with the requirements, refusing access for an assessment or verification, or nonpayment of
36、 fees which are due on account of certification and other services. 4 ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 Section 2: Management Responsibility SECTION 2 Management Responsibility 1 Quality Policy and Objectives 1.1 The Companys top management shou
37、ld establish, document, and maintain a quality policy in accordance with and appropriate to the management system. 1.2 The Companys top management is responsible for effectively communicating its quality policy and objectives throughout the organization. The quality policy should include a commitmen
38、t indicating that there are no charges to the seafarer for recruitment and placement services offered and that no means, mechanisms, or lists intended to prevent or deter seafarers from gaining employment for which they are qualified will be used by the recruitment and placement service or agency. 1
39、.3 The Companys organizational goals and expectations should be established, monitored, measured, and analyzed by its management to verify that the processes are implemented effectively. 1.4 All costs which the seafarer will be expected to bear in the recruitment and placement process are to be clea
40、rly publicized and communicated to seafarer candidates. 2 Management System 2.1 The Company should establish, document, implement, maintain, and continually improve a management system in accordance with the requirements of this Guide. The Company should define and document the scope of certificatio
41、n of its management system. 2.2 The documented procedures required by this Guide are to be maintained in the management system manual, which may be in electronic format. 3 Control of Documents The Company shall establish, implement, and maintain a documented procedure for the control of documents re
42、quired to be maintained by this Guide. 4 Control of Records The Company shall establish, implement, and maintain a documented procedure for the maintenance of records required to be maintained by this Guide. 5 National and Other Legal Requirements The Companys management system is to adequately addr
43、ess and provide for fulfillment of national and other applicable legal requirements. ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 5 Section 3: Provisions for Recruitment and Placement Services SECTION 3 Provisions for Recruitment and Placement Services 1 R
44、egisters 1.1 The Company is to maintain an up-to-date register of vessels, including emergency contact information, for which manning services have been provided. 1.2 An up-to-date register of seafarers recruited or placed shall be maintained by the manning agency, including the following records: i
45、) Seafarers qualifications and training ii) Record of employment iii) Personal data relevant to employment iv) Medical data relative to employment 1.3 The Company is to implement adequate procedures to verify that all mandatory certificates and documents submitted for employment are up-to-date and h
46、ave not been fraudulently obtained and that employment references are verified. 1.4 The Company shall ensure that requests for information or advice by families of seafarers while the seafarers are at sea are dealt with promptly, sympathetically, and at no cost. 2 Exploitation The Company is to impl
47、ement and maintain a documented procedure describing the measures to be followed to prevent the opportunity for exploitation of seafarers, including the offer of engagement on particular ships by particular companies or arising from the issue of joining advances or any other financial transaction be
48、tween the shipowner and the seafarer which are handled by the manning agency. 3 Review of Recruitment and Placement Service Requirements 3.1 The Company shall periodically review the requirements related to service expectations and shall ensure that: i) Recruitment and placement service requirements
49、 are defined. ii) Costs associated with the seafarer employment are clearly defined, including costs which are to be borne by the seafarer. iii) The Company has procedures in place to fulfill customer requirements. Section 3 Provisions for Recruitment and Placement Services 6 ABSGUIDE FOR CERTIFICATION OF SEAFARER RECRUITMENT AND PLACEMENT SERVICE PROVIDERS .2011 3.2 Where recruitment and placement service requirements are changed, the manning agency shall ensure that relevant documents are amended and that relevant pe
