Guidance

Living and working conditions under ILO 188

How to comply with the living and working conditions requirements and responsibilities under ILO Work In Fishing Convention (ILO 188)

From:
Maritime and Coastguard Agency
Published
20 April 2021

Crew documentation

For all types of fishing vessel

You will usually require the following documents on board:

  • Fishermen’s Work Agreement
  • list of young persons on board
  • record of inspections of crew accommodation, food, drinking water and catering facilities by skipper or other designated person

It is the master’s responsibility to complete and maintain the list of crew and to ensure that an up to date copy is held ashore whenever the vessel is at sea. See MSN 1891 ILO work in fishing convention list of crew for more details.

The official log book must be kept on board at all times and remains in force for the same period as the list of crew. If you fail to conduct any muster, drill, inspection or training session, you must write an explanatory entry in the official log book (page 8).

Fisherman’s work agreements

The latest version of the MCA’s model fishermen’s work agreements are available on Gov.uk.

We are continuing to work with industry to improve these agreements. If you have any comments, please e-mail workinfishingconvention@mcga.gov.uk.

You are not required to use these models, but each work agreement must contain certain minimum information - see MGN 583 ILO work in fishing convention, fishermans work agreements.

Further information regarding working agreements can be found in:

Official log books

The official log book must be maintained in accordance with Statutory Instrument No. 570 of 1981 that requires:

  • the outer cover and pages 2 and 3 are completed
  • the instructions on births and deaths on pages 4 and 5 are followed closely, especially with regard to the Return of Death on form RBDl
  • all crew member illness and injury on board the vessel is carefully recorded in the top half of pages 6 and 7 and also on form WRIK and then forwarded to the nearest Marine Office immediately when the vessel returns to port
  • all casualties are recorded in the lower half of pages 6 and 7 and also reported in part IV of form WRIK and forwarded to the nearest Marine Office immediately
  • all musters, including boat drills, training and inspections of fire and lifesaving appliances are recorded on Page 8
  • the narrative section on pages 9-12 to contain a record of every crew member who is discharged from the vessel, as well as any occurrence not otherwise recorded
  • For any vessel of 40 feet (12 metres) or more in length, but less than 80 feet (24.4 metres), the master must ensure that the crew are properly trained in the use and location of all life-saving and fire appliances and equipment and such training must be carried out once a month. The lifesaving equipment and fire appliances must also be inspected once a month.
  • If there is a failure to conduct any muster, drill, inspection or training session, you must write an explanatory entry in the official log book (page 8). There are therefore no circumstances in which the columns in page 8 of the log book should be left blank.

Disposal of documents: official log book

  • When a vessel is at sea, the official log book must be kept on board at all times.
  • The log book remains in force for the same period as the list of crew and should be delivered to the Marine Office at the same time, in normal circumstances, within two days of closing.
  • If a radio log book is required, it should be delivered at the same time.

List of crew

All UK fishing vessels must have a list of crew on board which must be left with the nominated person before or immediately after the departure of the vessel when it goes to sea, in case an accident befalls the vessel. The list must be updated each time there is a change in the crew.

Read more about lists of crew in MSN 1891 ILO work in fishing convention list of crew

Complaints

If you are not getting your entitlements under the legislation, you have the right to complain to the MCA who will investigate.

  • ILO 188 makes provision for fishermen or other interested parties to make a complaint alleging a breach of the requirements of the Convention
  • Complaints may be raised by fishermen on UK fishing vessels, where MCA is the certifying authority, or by fishermen on non-UK fishing vessels when in UK ports.
  • Any complaints will be investigated by the MCA and may lead to an inspection, which will be limited to the scope of the complaint.
  • However, if there is evidence which indicates that the fishing vessel may not be compliant with ILO 188 the MCA may widen the scope of the inspection.
  • Fishing vessel owners are encouraged to develop non-mandatory on-board complaints procedures to try to resolve complaints at the lowest possible level

See MGN 589 ILO Work in Fishing Convention Complaints for more information. Complaints can be made directly to an MCA surveyor or a welfare organisation such as the Fishermen’s Mission, or e-mail workinfishingconvention@mcga.gov.uk.

Medical care

Medical care should be available to fishermen at no cost to the fisherman. This includes access to medical care ashore where appropriate.

MGN 586 (F) ILO work in fishing convention medical care

The appropriate category of medical stores must be carried for the vessel’s current area of operation. A member of the crew must have first aid or medical care training so that they are able to make use of the stores. See MSN 1905 (M+F) Application of the ships’ medical stores regulations 1995 for details of the medical stores to be carried.

A first aid guide or latest edition of the Ship Captain’s Medical Guide (currently 23rd edition) should be available on board.

Medical certification responsibilities under ILO 188

It is important to check that you have your certificate of medical fitness available in advance of the required date.

For most vessels under 24 metres and fishing inshore waters, medical fitness certificates will not be required until 2023, but it depends on where and how long you are out fishing.

Further information on medical certification and standards is available below:

Published 20 April 2021
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