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RA 12021 (Magna Carta of Filipino Seafarers) CHAPTER XVI

Section 70–73 · 4 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Inspection and Enforcement.

Section 70

SEC. 70. Inspection and Enforcement. - (a) Philippine-registered ships operating internationally. - The Secretary of the DOLE, in coordination with the Secretary of the DMW, MARINA, and other relevant government agencies, shall have the power over all Philippine-registered vessels operating internationally to: (1) Inspect to ensure compliance with general labor and occupation safety and health standards as provided under this Act; and (2) Order immediate correction of, and impose fines for, violations of the relevant provisions of this Act. When there is a serious violation of working conditions of seafarers, or the violation poses an imminent danger to the ship, life, or limbs of seafarers, the Secretary of the DOLE or his/her duly authorized representative shall coordinate with the MARINA and the PCG to determine the necessity of preventing the departure of a Philippine-registered ship operating internationally from a port until the violation is corrected or until a plan of action to rectify the violations is shown to be implemented expeditiously. Upon the order of the Secretary of the DOLE, the PCG shall prohibit a Philippine-registered ship operating internationally from leaving port in case of finding that the conditions on board are clearly hazardous to the safety, health or security of seafarers, or are not compliant with any of the provisions of this Act and the MLC 2006, as amended. In all cases, the prohibition to leave port shall be in place until the same has been rectified or until a plan of action to rectify the nonconformity is shown to be implemented in an expeditious manner and cleared by the Secretary of the DOLE. (b) Foreign-flagged vessels. - The PCG shall have the authority to conduct the port state control inspections of vessels, including all foreign-flagged vessels, calling at any port of the Philippines, for the promotion of safety of life and property at sea, control and prevention of maritime pollution, and verification of compliance with the minimum standards of training and social condition of officers and crew on board the ships. The PCG shall assist relevant agencies in the enforcement of the provisions of this Act and its IRR, as well as the MLC 2006, as amended, for ocean-going vessels. The conduct of port state controls shall be in accordance with international conventions and ratified instruments. The PCG Commandant or his/her duly authorized representative shall have the power to order immediate correction of, and impose fines for, violations of the relevant provisions of this Act. (c) Philippine-registered ships operating domestically. - For Philippine-registered ships operating domestically, the MARINA, in coordination with the PCG, shall ensure that the relevant provisions of Republic Act No. 9993, otherwise known as the "Philippines Coast Guard of Law of 2009", and relevant MARINA issuances shall apply.

Maritime Occupation Safety and Health Standards (MOSHS).

Section 71

SEC. 71. Maritime Occupation Safety and Health Standards (MOSHS). - The DOLE, in consultation with the DME and the maritime industry stakeholders, shall formulate the MOSHS according to the provisions of Republic Act No. 11058, otherwise known as "An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof", applicable maritime conventions, and treaties ratified by the Philippines, and shall ensure compliance with such standards.

Section 72

SEC. 72. Inter-Governmental Coordination and Cooperation Council (IGC3) on Maritime Labor and Occupational Safety and Health Standards (OSHS) Enforcement. - The Secretary of the DOLE shall convene a Maritime Labor and OSHS Enforcement IGC3 to ensure efficiency, coherence, and coordination on the implementation of Republic Act No. 11058. The IGC3 shall include the DMW, MARINA, PCG, Bureau of Fisheries and Aquatic Resources (BFAR), and other relevant government agencies.

Recognized Organizations.

Section 73

SEC. 73. Recognized Organizations. - Recognized organizations may be authorized by the Secretary of the DOLE to conduct inspection of and issue certifications to Philippine-registered ships operating internationally, in accordance with the relevant provisions of this Act and its IRR. A recognized organization shall have the necessary knowledge of the requirements of this Act and its IRR, and other relevant international treaties or conventions. A recognized organization shall likewise have the necessary and qualified professional, technical, and support expertise to carry out the conduct of inspection and issuance of certification.

Back to RA 12021 (Magna Carta of Filipino Seafarers) — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).