CONCLUSION
With the quality of our crew caused by the brain drain phenomena and the ship-owners economic limitation through low crew salary, it is just imperative that we look for other cheaper alternatives that will help us implement the safety systems. Among the controls that we need to implement that will lead the above hazards effect into as low as reasonably practicable (alarp) are:
a. Provide economical but simple and tailor fit systems that the crew and ship-owners personnel can easily implement and understood.
i. Risk Assessment Systems
ii. Safety Management Systems
iii. Planned Maintenance Systems
b. Use a culture to implement another culture. That is using macho attitude of Filipinos in implementing safety culture.
iv. Provide Key Performance Indices
v. Incentive Systems
c. Provide over and above the Administration’s required trainings
Friday, December 11, 2009
Managing Risks and Safety of Ships: The Domestic Shipping Experience V
D. KPI and Rewards (individual and group)
PERFORMANCE EQUATION:
PERFORMANCE = (ABILITY x MOTIVATION)
MOTIVATION
Various research study have shown that motivation is related to knowledge gain, behavior change, or skill acquisition in training programs.
Motivation derives from the latin word movere, meaning “to move”.
Motivation represents “those psychological processes that cause the arousal, direction, and persistence of voluntary actions that are goal directed.”
Need Theory of Motivation - Maslow’s Need Hierarchy Theory
Hierarchy /Crew Equivalent Needs /Maslow's Definition
Physiological /Salary, Benefits, Victualling /Most basic need. Entails having enough food, air, and water to survive.
Safety /ISM, PPE, Safety Equipment /Consists of the need to be safe from physical and psychological harm.
Love /Group Rewards (KPI) /The desire to be loved and to love. Contains the needs for affection and belongings.
Esteem /Individual Reward (KPI) /Need for reputation, prestige, and recognition from others. Also contains need for self-confidence and strength.
Self-Actualization /Upgrading Courses, Trainings and Drills, KPI /Desire for self-fulfillment - to become the best one is capable of becoming.
PERFORMANCE EQUATION:
PERFORMANCE = (ABILITY x MOTIVATION)
MOTIVATION
Various research study have shown that motivation is related to knowledge gain, behavior change, or skill acquisition in training programs.
Motivation derives from the latin word movere, meaning “to move”.
Motivation represents “those psychological processes that cause the arousal, direction, and persistence of voluntary actions that are goal directed.”
Need Theory of Motivation - Maslow’s Need Hierarchy Theory
Hierarchy /Crew Equivalent Needs /Maslow's Definition
Physiological /Salary, Benefits, Victualling /Most basic need. Entails having enough food, air, and water to survive.
Safety /ISM, PPE, Safety Equipment /Consists of the need to be safe from physical and psychological harm.
Love /Group Rewards (KPI) /The desire to be loved and to love. Contains the needs for affection and belongings.
Esteem /Individual Reward (KPI) /Need for reputation, prestige, and recognition from others. Also contains need for self-confidence and strength.
Self-Actualization /Upgrading Courses, Trainings and Drills, KPI /Desire for self-fulfillment - to become the best one is capable of becoming.
Wednesday, December 9, 2009
I SAW THREE SHIPS
1. I saw three ships come sailing in, On Christmas day, on Christmas day,I saw three ships come sailing in, On Christmas day in the morning.
2. And what1 was in those ships all three? On Christmas day, on Christmas day,And what was in those ships all three? On Christmas day in the morning.
3. Our Saviour Christ and his lady2 On Christmas day, on Christmas day,Our Saviour Christ and his lady, On Christmas day in the morning.
4. Pray whither sailed those ships all three? On Christmas day, on Christmas day,Pray whither sailed those ships all three? On Christmas day in the morning.
5. Oh, they sailed into Bethlehem, On Christmas day, on Christmas day,Oh, they sailed into Bethlehem, On Christmas day in the morning.
6. And all the bells on earth shall ring, On Christmas day, on Christmas day,And all the bells on earth shall ring, On Christmas day in the morning.
7. And all the Angels in Heaven shall sing, On Christmas day, on Christmas day,And all the Angels in Heaven shall sing, On Christmas day in the morning.
8. And all the souls on earth shall sing, On Christmas day, on Christmas day,And all the souls on earth shall sing, On Christmas day in the morning.
9. Then let us all rejoice, amain, On Christmas day, on Christmas day,Then let us all rejoice, amain, On Christmas day in the morning.
Merry CHristmas and Happy New Year
From: Jerusalem Family
Monday, December 7, 2009
INTERTANKO Guide to Reducing Emissions
Monday, December 07, 2009
INTERTANKO is publishing this week its new Guide for a Tanker Energy Efficiency Management Plan (TEEMP). This moves forward in practical terms the IMO process to reduce actual GHG emissions from shipping by assisting operators to implement a Ship Energy Efficiency Management Plan as recommended by IMO Circular MEPC.1/Circ.683.
INTERTANKO is publishing this week its new Guide for a Tanker Energy Efficiency Management Plan (TEEMP). This moves forward in practical terms the IMO process to reduce actual GHG emissions from shipping by assisting operators to implement a Ship Energy Efficiency Management Plan as recommended by IMO Circular MEPC.1/Circ.683.
This Guide is based on INTERTANKO best practice, using information and experience from members with more than 700 tankers. It is a practical tool, covering a comprehensive monitoring, recording and reporting of ship performance which will be used by tanker operators as they enhance the energy efficiency and the emissions performance of their ships by routinely applying operational measures to improve fuel efficiency.
The TEEMP involves inter alia voyage planning; optimizing machinery; hull resistance management; cargo handling; and the control of volatile organic compounds (VOCs) released from the cargo.
Friday, December 4, 2009
OOOPS!!! WE DID IT AGAIN - MARITIME ACCIDENTS
500 passengers brought to safety after collision
Source:Inquirer Visayas
12/03/2009
CEBU CITY—At least 500 passengers were safe after the ship that was carrying them collided with another vessel in the Mactan Channel just off this city’s port on Tuesday.
The MV Wonderful Stars, a passenger ship of the Roble Shipping Lines, and MV Subic Bay 1, a passenger-cargo ship of Gothong Lines, collided as Wonderful Star was leaving Pier 4 here and Subic Bay was starting to dock.
Lt. Junior Grade Michell Ursabia, Coast Guard information officer, said Wonderful Stars carried 519 passengers and an undetermined number of crewmen.
Wonderful Stars was leaving Pier 4 while Subic Bay 1 was on its way to the Gothong Wharf in Mandaue City when the collision took place.
Subic Bay 1 continued its voyage and docked at the Gothong Wharf but the Wonderful Star ran aground.
Ursabia said Coast Guard boats and tugboats from Roble Shipping and Sulpicio Lines were sent to ferry the 519 passengers from Wonderful Stars back to this city’s port.
Wonderful Stars was towed back to Pier 4, said Ursabia. The captains of the two vessels were expected to file marine protests.
ENJOY THE PMMA GS CHRISTMAS PARTY, FOLKS! (06 DEC 2009)
CAPT PAX SANCHEZ
PMMA-GS (MMET)
Source:Inquirer Visayas
12/03/2009
CEBU CITY—At least 500 passengers were safe after the ship that was carrying them collided with another vessel in the Mactan Channel just off this city’s port on Tuesday.
The MV Wonderful Stars, a passenger ship of the Roble Shipping Lines, and MV Subic Bay 1, a passenger-cargo ship of Gothong Lines, collided as Wonderful Star was leaving Pier 4 here and Subic Bay was starting to dock.
Lt. Junior Grade Michell Ursabia, Coast Guard information officer, said Wonderful Stars carried 519 passengers and an undetermined number of crewmen.
Wonderful Stars was leaving Pier 4 while Subic Bay 1 was on its way to the Gothong Wharf in Mandaue City when the collision took place.
Subic Bay 1 continued its voyage and docked at the Gothong Wharf but the Wonderful Star ran aground.
Ursabia said Coast Guard boats and tugboats from Roble Shipping and Sulpicio Lines were sent to ferry the 519 passengers from Wonderful Stars back to this city’s port.
Wonderful Stars was towed back to Pier 4, said Ursabia. The captains of the two vessels were expected to file marine protests.
ENJOY THE PMMA GS CHRISTMAS PARTY, FOLKS! (06 DEC 2009)
CAPT PAX SANCHEZ
PMMA-GS (MMET)
Tuesday, December 1, 2009
Green seafarers lead Manila Bay cleanup
OVER 500 seafaring cadets from seven maritime countries recently took a day’s break from their lessons on ship operations, meteorology and sea navigation aboard the international training ship T/S Spirit of MOL to assume new roles—protectors of the environment.
With their environmentalist’s caps, shovels and sacks in tow, the cadet cleanup volunteers from China, India, Indonesia, Japan, the Philippines, Russia and Vietnam trooped to the coastal areas behind the SM Mall of Asia Complex in Pasay City to help rid Manila Bay of as much garbage and pollutants as they could remove.
The world’s leading shipping company Mitsui O.S.K. Lines Ltd. (MOL), Magsaysay Maritime Corp., and their local partners from other maritime schools were represented by their officers and staff in the environmental activity.
Transportation and Communications Undersecretary Ma. Elena Bautista, Philippine Reclamation Area general manager and CEO Andrea Domingo, Magsaysay Maritime Corp. COO Marlon Roño and SM Mall of Asia executives also lent their support to the project.
Mitsui O.S.K. Lines Tokyo Executive officer Capt. Soichi Hiratsuka flew in from Japan to unveil a marker representing the company’s commitment to environmental protection and preservation.
“The main objective of this activity is to cultivate among our cadets a strong sense of care and concern for our endangered environment. We hope to achieve this by volunteering to clean adopted sites in T/S Spirit of MOL’s various ports of call,” Captain Hiratsuka said.
Owned and operated by MOL, T/S Spirit of MOL is the first training ship to be managed by a private shipping firm. The 4,878-ton vessel, which serves as a training ground for a cross-cultural mix of 180 cadets, was built in response to the global demand for competent seafarers and its fleet expansion.
MOL operates more than 800 ships of various types worldwide, and plans to expand its fleet to 1,000 by 2010. It employs over 13,000 Filipino seafarers. “At MOL, we advocate not only health and safety, but also environmental protection. Before they join our ships, we train our cadets to become seafarers who will be responsible for the preservation of our environment,” the Japanese maritime expert said.
Loving and protecting the marine environment, according to Capt. Joel Abutal, dean of the Mitsui O.S.K. Maritime Training Corp., is the lesson that they wish to impart among their cadets through their voluntary participation in clean ups of coastal areas. “We hope these cadets will be transformed into responsible seafarers who will ensure full compliance with all national and international regulations in protecting the marine environment once they join our ships,” he added.
TRIBUTE TO A FALLEN COMRADE
A few weeks back, another batchmate went ahead to join our Creator. Tragic as it was, especially for the bereaved imemdiate family, the wife and daughter left behind, and us, his "co-poklats" who was with him all throughout the grueling "Academy days" - four years that it was - the failures, the triumphs, the humiliation of being underclassmen, the glory of upperclassmen. Who was with him as we negotiated the ladders of our careers - the excitement, the adrenalin rush of the fledgling junior deck officer, the pride of a first senior management promotion, ultimately the prestige of being Masters and Chief Engineers, or as corporate executives.
Browsing through the gray and gold "HELM 96," I was time-travelling, reminiscing the nostalgic days when we first walked the planks, ready to face the turbulence, the uncertainty of the seas ahead.
This "PROLOGUE" and 'EPILOGUE" is exactly a "copy/paste" (minus the formatting) of the one I wrote for our "HELM 96" (the PMMA graduating class yearbook) thirteen years ago. Re-written as a tribute to all brothers within the Academy and the whole maritime industry
PROLOGUE
by Midshipman Pelibert Sanchez, June 1996
What reasons could a man, behind the bleak
shadows of dawn, possess...
What could be the elusive target he so
stubbornly scours...
What could be that occult force,
that takes him...
...to the farthest reaches of his endurance,
where rest and sweat are but one...where
anything that moves is saluted...where time
is measured not by hours, but by each passing
day as he slumps back in that familiar bunk
after the sound of T.A.P.S., where his actions
are always taken by the number, each move
having a definite, distinct count?...
...to immolate the boy in himself, keeping
calls of nostalgia at bay, as he painstakingly
trudges on with the seemingly endless routines,
the brawls of the upperclassmen, the exacting
training - of the mind, and the body, and
sanity itself, for one year as a plebe?
then...
...to brave the foam, the fury of the breakers
...the perils contingent to floating amidst
endless spans of sea, without a single speck
of land, thousand of miles around?...
and when in port...
...to face the challenge, the confusion of
tongues foreign to him, and strange peoples,
and cultures?...and then...
...to be home once more, the home called the
Academy...now a leader, an authority of
his time... where his words, once as utterances
of perfect submission, now transformed into
languages of command, of guidance, of
imperturbable decisions, of respect?...
EPILOGUE
...it is the call of the sea
...the lures of the deep much farther than
any eye can behold!...
...Or is it, the mystery that lies behind
remote, distant lands, behind bizarre
peoples, behind nondescript jargon...
...or the challenge of the rifle, in response
to a call of duty, as sons indebted to
his country, Naval officers...
...and the SWORD...the call of responsibility,
of leadership. Of the will of a leader.
A guiding hand to a subordinate. Leadership
that would lead men and machines from
all corners of the globe...
...and the unfaltering conviction that somehow,
the bleak shadows of dawn shall flourish,
the sun shall rise high enough 'till all shadows
shall have gone, illuminating myriads
of men in uniform...
...from the merchant marine and naval professions
when one day, they shall once again
leaf through this book ... reminiscing...
CAPT PAX SANCHEZ
PMMA - GS (MMET)
Thursday, November 26, 2009
Proposed Amended Migrant Workers Act
Proposed Amended Migrant Workers Act May Seriously Affect Manning Industry - The Big Question: Will it be a boon or bane to the Filipino Seafaring Industry?
Source: Philippine Shipping Updates – Manning Industry
By Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc.,
Background and Current Status
The Migrant Workers Act of 1995 (Republic Act No. 8042) was enacted into law in 1995 mainly to prevent illegal recruitment. Its main effect on the seafaring industry was the transfer of jurisdiction of seafarer’s claims from the POEA to the NLRC.
Amendments to the Migrant Workers Act of 1995 have now been proposed and the JMG (Joint Manning Group composed of manning industry associations) strongly disagreed with some amendments and made proposals to change some provisions. Unfortunately, said proposals of the JMG were not approved by the Bicameral Conference Committee of the Philippine Congress.
The Bicameral Conference Committee will now submit the proposed law to the House of Representatives and the Senate for approval. Thereafter, it goes to the President for signature. It becomes law 15 days from publication.
Areas of Concern to the Filipino Seafaring Industry
The major areas of concern in the proposed amendments are as follows:
A. Prohibited Act: Requiring seafarers to undergo health examinations from specifically designated clinics;
B. Prohibited Act: Requiring seafarers to undergo training from specifically designated training institution; and
C. Providing insurance coverage to seafarers in addition to the benefits available to the seafarers under the provisions of the POEA SEC and CBA.
D. Prohibited Act: To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency
E. Expansion of persons held criminally liable for prohibited acts.
A & B. Prohibited Acts: Requiring Seafarers to undergo health examinations from specifically designated clinics and Requiring Seafarers to undergo training from specifically designated training institutions
The proposed amendments state:
“Sec. 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
“...IT SHALL ALSO BE UNLAWFUL FOR ANY PERSON OR ENTITY TO COMMIT THE FOLLOWING PROHIBITED ACTS:
xxx xxx xxx
(D) IMPOSE A COMPULSORY AND EXCLUSIVE ARRANGEMENT WHEREBY AN OFW IS REQUIRED TO UNDERGO HEALTH EXAMINATIONS ONLY FROM SPECIFICALLY DESIGNATED MEDICAL CLINICS, INSTITUTIONS, ENTITIES OR PERSONS;
(E) IMPOSE A COMPULSORY AND EXCLUSIVE ARRANGEMENT WHEREBY AN OFW IS REQUIRED TO UNDERGO TRAINING, SEMINAR, INSTRUCTION OR SCHOOLING OF ANY KIND ONLY FROM SPECIFICALLY DESIGNATED INSTITUTIONS, ENTITIES OR PERSONS;”
An OFW (Overseas Filipino Workers) includes a seafarer. The amendments basically mean that a seafarer cannot be required to undergo his PEME / health examinations and his maritime training/schooling from clinics or maritime training institutions designated by the employer. The seafarer in effect can choose his own PEME / health examination and his own training institution. This runs counter to current practices of vessel interests to require the seafarers to undergo their PEME / health examination and training in designated clinics and training facilities.
Please note that a violation of the above prohibited acts shall make the officers of the corporation having ownership, control, management or direction of their business and the responsible employees/agents liable for the offence of illegal recruitment and shall suffer the penalty of imprisonment of 6 years and 1 day to 12 years and a fine of not less than Php1, 000,000 but not more than Php2,000,000.
C. Providing insurance coverage to seafarers in addition to the benefits available to the seafarers under the provisions of the POEA SEC and CBA.
The proposed amendment states:
SEC. 23. A new Section 37-A of Republic Act No. 8042, as amended, is hereby added to read as follows:
“SEC. 37-A. COMPULSORY INSURANCE COVERAGE FOR AGENCY-HIRED WORKERS. – IN ADDITION TO THE PERFORMANCE BOND TO BE FILED BY THE RECRUITMENT/MANNING AGENCY UNDER SECTION 10, EACH MIGRANT WORKER DEPLOYED BY A RECRUITMENT/MANNING AGENCY SHALL BE COVERED BY A COMPULSORY INSURANCE POLICY WHICH SHALL BE SECURED AT NO COST TO THE SAID WORKER. SUCH INSURANCE POLICY SHALL BE EFFECTIVE FOR THE DURATION OF THE MIGRANT WORKER’S EMPLOYMENT CONTRACT AND SHALL COVER, AT THE MINIMUM:
(A) ACCIDENTAL DEATH, WITH AT LEAST FIFTEEN THOUSAND UNITED STATES DOLLARS (US$ 15,000.00) SURVIVOR’S BENEFIT PAYABLE TO THE MIGRANT WORKER’S BENEFICIARIES;
(B) NATURAL DEATH, WITH AT LEAST TEN THOUSAND UNITED STATES DOLLARS (US$ 10,000.00) SURVIVOR’S BENEFIT PAYABLE TO THE MIGRANT WORKER’S BENEFICIARIES;
(C) PERMANENT TOTAL DISABLEMENT, WITH AT LEAST SEVEN THOUSAND FIVE HUNDRED UNITED STATES DOLLARS (US$ 7,500) DISABILITY BENEFIT PAYABLE TO THE MIGRANT WORKER. THE FOLLOWING DISABILITIES SHALL BE DEEMED PERMANENT: TOTAL, COMPLETE LOSS OF SIGHT OF BOTH EYES; LOSS OF TWO LIMBS AT OR ABOVE THE ANKLES OR WRISTS; PERMANENT COMPLETE PARALYSIS OF TWO LIMBS; BRAIN INJURY RESULTING TO INCURABLE IMBECILITY OR INSANITY;
(D) REPATRIATION COST OF THE WORKER WHEN HIS/HER EMPLOYMENT IS TERMINATED WITHOUT ANY VALID CAUSE, OR, IN CASE OF DEATH, THE WORKER’S REMAINS INCLUDING THE TRANSPORT OF HIS/HER PERSONAL BELONGINGS, WITH AT LEAST FIVE THOUSAND UNITED STATES DOLLARS (US$ 5,000) COVERAGE;
(E) SUBSISTENCE ALLOWANCE BENEFIT, WITH AT LEAST ONE HUNDRED UNITED STATES DOLLARS (US$100) PER MONTH FOR A MAXIMUM OF SIX (6) MONTHS FOR A MIGRANT WORKER WHO IS INVOLVED IN A CASE OR LITIGATION FOR THE PROTECTION OF HIS/HER RIGHTS IN THE RECEIVING COUNTRY.
(F) MONEY CLAIMS ARISING FROM EMPLOYER’S LIABILITY WHICH MAY BE AWARDED OR GIVEN TO THE WORKER IN A JUDGEMENT OR SETTLEMENT OF HIS/HER CASE IN THE NLRC. THE INSURANCE COVERAGE FOR MONEY CLAIMS SHALL BE EQUIVALENT TO AT LEAST THREE (3) MONTHS FOR EVERY YEAR OF THE MIGRANT WORKER’S EMPLOYMENT CONTRACT;
(G) COMPASSIONATE VISIT, THE INSURANCE COVERAGE SHALL PROVIDE TRANSPORTATION FOR AT LEAST ONE (1) FAMILY MEMBER OR REQUESTED INDIVIDUAL BY THE QUALIFIED MIGRANT WORKERS TO THE MAJOR AIRPORT CLOSEST TO THE PLACE OF HOSPITALIZATION. FOR THIS PURPOSE, THE MIGRANT WORKER MUST BE MEDICALLY EVALUATED AND REQUIRES HOSPITAL CONFINEMENT FOR SEVEN (7) CONSECUTIVE DAYS OR MORE. IT IS HOWEVER THE RESPONSIBILITY OF THE FAMILY MEMBER OR REQUESTED INDIVIDUAL TO MEET ALL VISA AND TRAVEL DOCUMENT REQUIREMENTS.
(H) MEDICAL EVACUATION. WHEN AN ADEQUATE MEDICAL FACILITY IS NOT AVAILABLE PROXIMATE TO THE MIGRANT WORKER, AS DETERMINED BY THE INSURANCE COMPANY’S PHYSICIAN AND A CONSULTING PHYSICIAN, EVACUATION UNDER APPROPRIATE MEDICAL SUPERVISION BY THE MODE OF TRANSPORT NECESSARY SHALL BE UNDERTAKEN BY THE INSURANCE PROVIDER.
(I) MEDICAL REPATRIATION. WHEN MEDICALLY NECESSARY AS DETERMINED BY THE ATTENDING PHYSICIAN, REPATRIATION UNDER MEDICAL SUPERVISION TO THE MIGRANT WORKER’S RESIDENCE SHALL BE UNDERTAKEN BY THE INSURANCE PROVIDER AT SUCH TIME THAT THE MIGRANT WORKER IS MEDICALLY CLEARED FOR TRAVEL BY COMMERCIAL CARRIER. IF THE TIME PERIOD TO RECEIVE MEDICAL CLEARANCE TO TRAVEL EXCEEDS FOURTEEN (14) DAYS FROM THE DATE OF DISCHARGE FROM THE HOSPITAL, AN ALTERNATIVE APPROPRIATE MODE OF TRANSPORTATION, SUCH AS AIR AMBULANCE, MAY BE ARRANGED. MEDICAL AND NON-MEDICAL ESCORTS MAY BE PROVIDED WHEN NECESSARY.
(J) RETURN OF MORTAL REMAINS. INCASE OF DEATH OF THE MIGRANT WORKER DUE TO ANY CAUSE, THE INSURANCE PROVIDER SHALL ARRANGE AND PAY FOR THE RETURN OF HIS OR HER MORTAL REMAINS. THE INSURANCE PROVIDER SHALL RENDER ANY ASSISTANCE NECESSARY IN THE TRANSPORT, INCLUDING BUT NOT LIMITED TO, LOCATING A LOCAL AND LICENSED FUNERAL HOME, MORTUARY OR DIRECT DISPOSITION FACILITY TO PREPARE THE BODY FOR TRANSPORT, COMPLETING ALL DOCUMENTATION, OBTAINING LEGAL CLEARANCES, PROCURING CONSULAR SERVICES, PROVIDING DEATH CERTIFICATES, PURCHASING THE MINIMALLY NECESSARY CASKET OR AIR TRANSPORT CONTAINER, AS WELL AS TRANSPORTING THE REMAINS INCLUDING RETRIEVAL FROM SITE OF DEATH AND DELIVERY TO THE RECEIVING FUNERAL HOME
THE ABOVEMENTIONED INSURANCE COVERAGE SHALL BE WITHOUT PREJUDICE TO CLAIMS UNDER THE POEA STANDARD EMPLOYMENT CONTRACT AND/OR COLLECTIVE BARGAINING AGREEMENT (CBA) FOR SEAFARERS.
The proposed amendment in effect requires additional insurance to be given to seafarers in addition to benefits under the POEA and/or CBA. Said insurance must be obtained from insurance companies duly registered with the Philippine Insurance Commission.
This will be an added burden to vessel interests who are already doing their best to keep their Filipino seafarers employed despite the economic recession.
D. Prohibited Act: To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency
The proposed amendments states:
SEC. 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
“Sec. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority:
(N) TO ALLOW A NON-FILIPINO CITIZEN TO HEAD OR MANAGE A LICENSED RECRUITMENT/MANNING AGENCY .
Based on the amendment, it is prohibited to “allow” a non-Filipino citizen to head or manage a licensed manning agency. Punishment is imprisonment of from 6 years to 12 years and fine of Php1M to Php2M.
E. Expansion of persons held criminally liable for prohibited acts.
The proposed amendment states:
SEC. 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having OWNERSHIP, control, management or direction of their business AND THE RESPONSIBLE EMPLOYEES/AGENTS THEREOF shall be liable.
It should be noted that those in bold capitalized letters are the amendments. Whereas before, the officers having control, management or direction of the manning agency are the ones held criminally liable, now those having ownership are also criminally liable. Even responsible employees / agents can also be held liable. Punishment is imprisonment of from 6 years to 12 years and fine of from Php1M to Php2M.
Author’s notes/comments: The world’s seafaring industry, a once Filipino-dominated circle, at least for the past decade, is no longer the reality. Let’s face the fact that formerly non-seafaring nations are rising to the challenge of seafaring – China, Vietnam, Thailand, to name a few. Of course, the Indians have always been around. We do have to satisfy our principals’ interests in order to retain a greater foothold in the industry, otherwise…
CAPT PAX SANCHEZ
PMMA GS (MMET)
Source: Philippine Shipping Updates – Manning Industry
By Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc.,
Background and Current Status
The Migrant Workers Act of 1995 (Republic Act No. 8042) was enacted into law in 1995 mainly to prevent illegal recruitment. Its main effect on the seafaring industry was the transfer of jurisdiction of seafarer’s claims from the POEA to the NLRC.
Amendments to the Migrant Workers Act of 1995 have now been proposed and the JMG (Joint Manning Group composed of manning industry associations) strongly disagreed with some amendments and made proposals to change some provisions. Unfortunately, said proposals of the JMG were not approved by the Bicameral Conference Committee of the Philippine Congress.
The Bicameral Conference Committee will now submit the proposed law to the House of Representatives and the Senate for approval. Thereafter, it goes to the President for signature. It becomes law 15 days from publication.
Areas of Concern to the Filipino Seafaring Industry
The major areas of concern in the proposed amendments are as follows:
A. Prohibited Act: Requiring seafarers to undergo health examinations from specifically designated clinics;
B. Prohibited Act: Requiring seafarers to undergo training from specifically designated training institution; and
C. Providing insurance coverage to seafarers in addition to the benefits available to the seafarers under the provisions of the POEA SEC and CBA.
D. Prohibited Act: To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency
E. Expansion of persons held criminally liable for prohibited acts.
A & B. Prohibited Acts: Requiring Seafarers to undergo health examinations from specifically designated clinics and Requiring Seafarers to undergo training from specifically designated training institutions
The proposed amendments state:
“Sec. 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
“...IT SHALL ALSO BE UNLAWFUL FOR ANY PERSON OR ENTITY TO COMMIT THE FOLLOWING PROHIBITED ACTS:
xxx xxx xxx
(D) IMPOSE A COMPULSORY AND EXCLUSIVE ARRANGEMENT WHEREBY AN OFW IS REQUIRED TO UNDERGO HEALTH EXAMINATIONS ONLY FROM SPECIFICALLY DESIGNATED MEDICAL CLINICS, INSTITUTIONS, ENTITIES OR PERSONS;
(E) IMPOSE A COMPULSORY AND EXCLUSIVE ARRANGEMENT WHEREBY AN OFW IS REQUIRED TO UNDERGO TRAINING, SEMINAR, INSTRUCTION OR SCHOOLING OF ANY KIND ONLY FROM SPECIFICALLY DESIGNATED INSTITUTIONS, ENTITIES OR PERSONS;”
An OFW (Overseas Filipino Workers) includes a seafarer. The amendments basically mean that a seafarer cannot be required to undergo his PEME / health examinations and his maritime training/schooling from clinics or maritime training institutions designated by the employer. The seafarer in effect can choose his own PEME / health examination and his own training institution. This runs counter to current practices of vessel interests to require the seafarers to undergo their PEME / health examination and training in designated clinics and training facilities.
Please note that a violation of the above prohibited acts shall make the officers of the corporation having ownership, control, management or direction of their business and the responsible employees/agents liable for the offence of illegal recruitment and shall suffer the penalty of imprisonment of 6 years and 1 day to 12 years and a fine of not less than Php1, 000,000 but not more than Php2,000,000.
C. Providing insurance coverage to seafarers in addition to the benefits available to the seafarers under the provisions of the POEA SEC and CBA.
The proposed amendment states:
SEC. 23. A new Section 37-A of Republic Act No. 8042, as amended, is hereby added to read as follows:
“SEC. 37-A. COMPULSORY INSURANCE COVERAGE FOR AGENCY-HIRED WORKERS. – IN ADDITION TO THE PERFORMANCE BOND TO BE FILED BY THE RECRUITMENT/MANNING AGENCY UNDER SECTION 10, EACH MIGRANT WORKER DEPLOYED BY A RECRUITMENT/MANNING AGENCY SHALL BE COVERED BY A COMPULSORY INSURANCE POLICY WHICH SHALL BE SECURED AT NO COST TO THE SAID WORKER. SUCH INSURANCE POLICY SHALL BE EFFECTIVE FOR THE DURATION OF THE MIGRANT WORKER’S EMPLOYMENT CONTRACT AND SHALL COVER, AT THE MINIMUM:
(A) ACCIDENTAL DEATH, WITH AT LEAST FIFTEEN THOUSAND UNITED STATES DOLLARS (US$ 15,000.00) SURVIVOR’S BENEFIT PAYABLE TO THE MIGRANT WORKER’S BENEFICIARIES;
(B) NATURAL DEATH, WITH AT LEAST TEN THOUSAND UNITED STATES DOLLARS (US$ 10,000.00) SURVIVOR’S BENEFIT PAYABLE TO THE MIGRANT WORKER’S BENEFICIARIES;
(C) PERMANENT TOTAL DISABLEMENT, WITH AT LEAST SEVEN THOUSAND FIVE HUNDRED UNITED STATES DOLLARS (US$ 7,500) DISABILITY BENEFIT PAYABLE TO THE MIGRANT WORKER. THE FOLLOWING DISABILITIES SHALL BE DEEMED PERMANENT: TOTAL, COMPLETE LOSS OF SIGHT OF BOTH EYES; LOSS OF TWO LIMBS AT OR ABOVE THE ANKLES OR WRISTS; PERMANENT COMPLETE PARALYSIS OF TWO LIMBS; BRAIN INJURY RESULTING TO INCURABLE IMBECILITY OR INSANITY;
(D) REPATRIATION COST OF THE WORKER WHEN HIS/HER EMPLOYMENT IS TERMINATED WITHOUT ANY VALID CAUSE, OR, IN CASE OF DEATH, THE WORKER’S REMAINS INCLUDING THE TRANSPORT OF HIS/HER PERSONAL BELONGINGS, WITH AT LEAST FIVE THOUSAND UNITED STATES DOLLARS (US$ 5,000) COVERAGE;
(E) SUBSISTENCE ALLOWANCE BENEFIT, WITH AT LEAST ONE HUNDRED UNITED STATES DOLLARS (US$100) PER MONTH FOR A MAXIMUM OF SIX (6) MONTHS FOR A MIGRANT WORKER WHO IS INVOLVED IN A CASE OR LITIGATION FOR THE PROTECTION OF HIS/HER RIGHTS IN THE RECEIVING COUNTRY.
(F) MONEY CLAIMS ARISING FROM EMPLOYER’S LIABILITY WHICH MAY BE AWARDED OR GIVEN TO THE WORKER IN A JUDGEMENT OR SETTLEMENT OF HIS/HER CASE IN THE NLRC. THE INSURANCE COVERAGE FOR MONEY CLAIMS SHALL BE EQUIVALENT TO AT LEAST THREE (3) MONTHS FOR EVERY YEAR OF THE MIGRANT WORKER’S EMPLOYMENT CONTRACT;
(G) COMPASSIONATE VISIT, THE INSURANCE COVERAGE SHALL PROVIDE TRANSPORTATION FOR AT LEAST ONE (1) FAMILY MEMBER OR REQUESTED INDIVIDUAL BY THE QUALIFIED MIGRANT WORKERS TO THE MAJOR AIRPORT CLOSEST TO THE PLACE OF HOSPITALIZATION. FOR THIS PURPOSE, THE MIGRANT WORKER MUST BE MEDICALLY EVALUATED AND REQUIRES HOSPITAL CONFINEMENT FOR SEVEN (7) CONSECUTIVE DAYS OR MORE. IT IS HOWEVER THE RESPONSIBILITY OF THE FAMILY MEMBER OR REQUESTED INDIVIDUAL TO MEET ALL VISA AND TRAVEL DOCUMENT REQUIREMENTS.
(H) MEDICAL EVACUATION. WHEN AN ADEQUATE MEDICAL FACILITY IS NOT AVAILABLE PROXIMATE TO THE MIGRANT WORKER, AS DETERMINED BY THE INSURANCE COMPANY’S PHYSICIAN AND A CONSULTING PHYSICIAN, EVACUATION UNDER APPROPRIATE MEDICAL SUPERVISION BY THE MODE OF TRANSPORT NECESSARY SHALL BE UNDERTAKEN BY THE INSURANCE PROVIDER.
(I) MEDICAL REPATRIATION. WHEN MEDICALLY NECESSARY AS DETERMINED BY THE ATTENDING PHYSICIAN, REPATRIATION UNDER MEDICAL SUPERVISION TO THE MIGRANT WORKER’S RESIDENCE SHALL BE UNDERTAKEN BY THE INSURANCE PROVIDER AT SUCH TIME THAT THE MIGRANT WORKER IS MEDICALLY CLEARED FOR TRAVEL BY COMMERCIAL CARRIER. IF THE TIME PERIOD TO RECEIVE MEDICAL CLEARANCE TO TRAVEL EXCEEDS FOURTEEN (14) DAYS FROM THE DATE OF DISCHARGE FROM THE HOSPITAL, AN ALTERNATIVE APPROPRIATE MODE OF TRANSPORTATION, SUCH AS AIR AMBULANCE, MAY BE ARRANGED. MEDICAL AND NON-MEDICAL ESCORTS MAY BE PROVIDED WHEN NECESSARY.
(J) RETURN OF MORTAL REMAINS. INCASE OF DEATH OF THE MIGRANT WORKER DUE TO ANY CAUSE, THE INSURANCE PROVIDER SHALL ARRANGE AND PAY FOR THE RETURN OF HIS OR HER MORTAL REMAINS. THE INSURANCE PROVIDER SHALL RENDER ANY ASSISTANCE NECESSARY IN THE TRANSPORT, INCLUDING BUT NOT LIMITED TO, LOCATING A LOCAL AND LICENSED FUNERAL HOME, MORTUARY OR DIRECT DISPOSITION FACILITY TO PREPARE THE BODY FOR TRANSPORT, COMPLETING ALL DOCUMENTATION, OBTAINING LEGAL CLEARANCES, PROCURING CONSULAR SERVICES, PROVIDING DEATH CERTIFICATES, PURCHASING THE MINIMALLY NECESSARY CASKET OR AIR TRANSPORT CONTAINER, AS WELL AS TRANSPORTING THE REMAINS INCLUDING RETRIEVAL FROM SITE OF DEATH AND DELIVERY TO THE RECEIVING FUNERAL HOME
THE ABOVEMENTIONED INSURANCE COVERAGE SHALL BE WITHOUT PREJUDICE TO CLAIMS UNDER THE POEA STANDARD EMPLOYMENT CONTRACT AND/OR COLLECTIVE BARGAINING AGREEMENT (CBA) FOR SEAFARERS.
The proposed amendment in effect requires additional insurance to be given to seafarers in addition to benefits under the POEA and/or CBA. Said insurance must be obtained from insurance companies duly registered with the Philippine Insurance Commission.
This will be an added burden to vessel interests who are already doing their best to keep their Filipino seafarers employed despite the economic recession.
D. Prohibited Act: To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency
The proposed amendments states:
SEC. 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
“Sec. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority:
(N) TO ALLOW A NON-FILIPINO CITIZEN TO HEAD OR MANAGE A LICENSED RECRUITMENT/MANNING AGENCY .
Based on the amendment, it is prohibited to “allow” a non-Filipino citizen to head or manage a licensed manning agency. Punishment is imprisonment of from 6 years to 12 years and fine of Php1M to Php2M.
E. Expansion of persons held criminally liable for prohibited acts.
The proposed amendment states:
SEC. 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having OWNERSHIP, control, management or direction of their business AND THE RESPONSIBLE EMPLOYEES/AGENTS THEREOF shall be liable.
It should be noted that those in bold capitalized letters are the amendments. Whereas before, the officers having control, management or direction of the manning agency are the ones held criminally liable, now those having ownership are also criminally liable. Even responsible employees / agents can also be held liable. Punishment is imprisonment of from 6 years to 12 years and fine of from Php1M to Php2M.
Author’s notes/comments: The world’s seafaring industry, a once Filipino-dominated circle, at least for the past decade, is no longer the reality. Let’s face the fact that formerly non-seafaring nations are rising to the challenge of seafaring – China, Vietnam, Thailand, to name a few. Of course, the Indians have always been around. We do have to satisfy our principals’ interests in order to retain a greater foothold in the industry, otherwise…
CAPT PAX SANCHEZ
PMMA GS (MMET)
Wednesday, November 25, 2009
Shipping sector faces emissions dilemma
The inherent difficulty in cutting both toxic emissions from ships and their global warming impact are highlighted in a new study that underlines the incompatibility of these goals. Shipping is estimated to contribute just over 3 per cent of total greenhouse gas emissions worldwide, but this only half the climate-impact story of the sector.
Because of emissions of other gases in bunker fuels, the overall effect from shipping is a cooling one not a warming one, Jan Fuglestvedt from the Center for International Climate and Environmental Research Oslo (CICERO) told Reuters. While carbon dioxide emissions from burning bunker fuel add to greenhouse gases like any other fossil fuel, the sulphur dioxide (SO2) also emitted causes water droplets to form around it in the atmosphere. This increases cloud formation and clouds reflects solar radiation back into space.
The problem is that this global cooling gas is also highly toxic. So, as efforts to clean up the poisonous emissions of ships take hold, shipping’s overall climate impact will shift from cooling toward warming, Fuglestvedt and colleagues wrote in a paper published last week in the journal Environmental Science and Technology. But the case for doing so appears compelling. A previous study estimated that toxic sulphur dioxide from bunker fuel led to the deaths of 60,000 people worldwide in 2001 from cancer and disease of the heart and lungs.
The Fuglestvedt study argues that maintaining or increasing sulphur emissions from ships to fight global warming can’t be justified. It also estimates, however, that a shift to net warming would take many decades. Even if sulphur dioxide emissions were reduced by 90 per cent in the next few years it would take about 70 years for shipping to become a net contributor to global warming, all other things being equal.
The International Maritime Organization is pushing for cuts in the sulphur content of bunker fuel to no more than 3.5 per cent from 4.5 per cent by 2012 and then to just 0.5 per cent by 2020. In busy northern European shipping channels, the limit will be just 1.5 per cent from 2010.
The US Environmental Protection Agency (EPA) signalled a move on toxic emissions from ships in March, proposing laws to lift fuel quality standards in new ships and, along with Canada, asking the IMO to create a 200 nautical mile clean-fuel buffer zone off their coastlines. Last week, the EPA published its draft rule on fuel standards to substantially cut nitrogen oxide and SO2 emissions by 2016, the New York Times reports.
The UN climate conference in Copenhagen will consider measures to bring the shipping sector into a new global agreement to cut carbon emissions. Emissions trading, fuel taxes and clean-technology innovation measures are all in the mix.
Because of emissions of other gases in bunker fuels, the overall effect from shipping is a cooling one not a warming one, Jan Fuglestvedt from the Center for International Climate and Environmental Research Oslo (CICERO) told Reuters. While carbon dioxide emissions from burning bunker fuel add to greenhouse gases like any other fossil fuel, the sulphur dioxide (SO2) also emitted causes water droplets to form around it in the atmosphere. This increases cloud formation and clouds reflects solar radiation back into space.
The problem is that this global cooling gas is also highly toxic. So, as efforts to clean up the poisonous emissions of ships take hold, shipping’s overall climate impact will shift from cooling toward warming, Fuglestvedt and colleagues wrote in a paper published last week in the journal Environmental Science and Technology. But the case for doing so appears compelling. A previous study estimated that toxic sulphur dioxide from bunker fuel led to the deaths of 60,000 people worldwide in 2001 from cancer and disease of the heart and lungs.
The Fuglestvedt study argues that maintaining or increasing sulphur emissions from ships to fight global warming can’t be justified. It also estimates, however, that a shift to net warming would take many decades. Even if sulphur dioxide emissions were reduced by 90 per cent in the next few years it would take about 70 years for shipping to become a net contributor to global warming, all other things being equal.
The International Maritime Organization is pushing for cuts in the sulphur content of bunker fuel to no more than 3.5 per cent from 4.5 per cent by 2012 and then to just 0.5 per cent by 2020. In busy northern European shipping channels, the limit will be just 1.5 per cent from 2010.
The US Environmental Protection Agency (EPA) signalled a move on toxic emissions from ships in March, proposing laws to lift fuel quality standards in new ships and, along with Canada, asking the IMO to create a 200 nautical mile clean-fuel buffer zone off their coastlines. Last week, the EPA published its draft rule on fuel standards to substantially cut nitrogen oxide and SO2 emissions by 2016, the New York Times reports.
The UN climate conference in Copenhagen will consider measures to bring the shipping sector into a new global agreement to cut carbon emissions. Emissions trading, fuel taxes and clean-technology innovation measures are all in the mix.
Shipping sector faces emissions dilemma
The inherent difficulty in cutting both toxic emissions from ships and their global warming impact are highlighted in a new study that underlines the incompatibility of these goals. Shipping is estimated to contribute just over 3 per cent of total greenhouse gas emissions worldwide, but this only half the climate-impact story of the sector.Because of emissions of other gases in bunker fuels, the overall effect from shipping is a cooling one not a warming one, Jan Fuglestvedt from the Center for International Climate and Environmental Research Oslo (CICERO) told Reuters. While carbon dioxide emissions from burning bunker fuel add to greenhouse gases like any other fossil fuel, the sulphur dioxide (SO2) also emitted causes water droplets to form around it in the atmosphere. This increases cloud formation and clouds reflects solar radiation back into space.
The problem is that this global cooling gas is also highly toxic. So, as efforts to clean up the poisonous emissions of ships take hold, shipping’s overall climate impact will shift from cooling toward warming, Fuglestvedt and colleagues wrote in a paper published last week in the journal Environmental Science and Technology. But the case for doing so appears compelling. A previous study estimated that toxic sulphur dioxide from bunker fuel led to the deaths of 60,000 people worldwide in 2001 from cancer and disease of the heart and lungs.
The Fuglestvedt study argues that maintaining or increasing sulphur emissions from ships to fight global warming can’t be justified. It also estimates, however, that a shift to net warming would take many decades. Even if sulphur dioxide emissions were reduced by 90 per cent in the next few years it would take about 70 years for shipping to become a net contributor to global warming, all other things being equal.
The International Maritime Organization is pushing for cuts in the sulphur content of bunker fuel to no more than 3.5 per cent from 4.5 per cent by 2012 and then to just 0.5 per cent by 2020. In busy northern European shipping channels, the limit will be just 1.5 per cent from 2010.
The US Environmental Protection Agency (EPA) signalled a move on toxic emissions from ships in March, proposing laws to lift fuel quality standards in new ships and, along with Canada, asking the IMO to create a 200 nautical mile clean-fuel buffer zone off their coastlines. Last week, the EPA published its draft rule on fuel standards to substantially cut nitrogen oxide and SO2 emissions by 2016, the New York Times reports.
The UN climate conference in Copenhagen will consider measures to bring the shipping sector into a new global agreement to cut carbon emissions. Emissions trading, fuel taxes and clean-technology innovation measures are all in the mix.
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