E1 - Passengers
(1) "Passenger" means any person carried in a ship except:
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(a) “Seafarers” as defined in Part A & Part B Chapter 2;
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(b) “Occasional Workers” as described in this Annex;
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(c) a person onboard the ship either in pursuance of the obligation laid
upon the master to carry shipwrecked, distressed or other persons, or by
reason of any circumstances that neither the master nor the owner nor
the charterer (if any) could have prevented; and
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(d) a child under one year of age.
E2 - Occasional Workers
(1) It is not unusual for vessels to carry occasional additional staff,
working in service for the owner or charterer for example, a nanny, masseuse or
bodyguard. If the individual normally works on shore, and is onboard for a short
period of time, with no emergency duties, they may not fall within the definition of
a “seafarer” for the purposes of the MLC. In such cases, these Occasional Workers
shall:
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(a) have no emergency duties;
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(b) for their own protection, and the safety of other members of the
crew, shall have familiarisation training onboard such that they are
capable of being self-sufficient in an emergency;
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(c) be accommodated in a cabin and have access to mess areas
and sanitary facilities of a standard which are in accordance with the
crew accommodation standards applicable to the keel laying date of the
yacht for existing yachts. For yachts with a keel laid after 20th August
2012 they are to be in accordance with MLC standards as laid out in
Chapter 21 for Part A yachts and
Chapter 9 for Part B yachts. or
equivalent provisions provided for by the Administration;
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(d) be at least 16 years of age;
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(e) be medically fit to carry out their duties and to be self-sufficient
in an emergency, although a seafarer’s medical fitness certificate is
not required;
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(f) have a contract of employment, providing equivalent protection to
that available under the MLC, taking into account their duties, pattern
of working, normal place of work, and other relevant factors. It is
recommended that the contract make reference to working in some capacity
onboard the named yacht - this could be an addendum to the employee’s
shore-based contract;
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(g) shall not be required to meet the cost of food or medical care
onboard, or of their travel back from the vessel to their normal place
of work/home; and
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(h) be trained to ensure their own health and safety onboard.
(2) If any of the above criteria are not met/cannot be demonstrated to
the satisfaction of the Administration, the individual shall be considered a
passenger.
(3) The DMLC Part II for the vessel shall include information on any roles onboard
which shall be treated as occasional workers, how frequently such workers shall be
onboard and for how long. It shall explain how the shipowner ensures that the above
conditions are met for any occasional crew who are not seafarers. If the
arrangements are persistently or frequently invoked for the same workers, the
individuals shall be considered seafarers and full MLC requirements shall be
applied.
(4) Every person working on the vessel shall be included on the list of crew, unless
they are treated as passengers. The Master shall therefore include occasional
workers on the crew list named as such (or simply ‘nanny’ or ‘bodyguard’).