dr. virgel c. binghay - ensuring occupational health & safety for overseas filipino seafarers

Virgel C. Binghay,Ph.D. 1

ENSURING OCCUPATIONAL

HEALTH & SAFETY FOR OVERSEAS

FILIPINO SEAFARERS

By:

Dr. Virgel C. Binghay

School of Labor & Industrial Relations

University of the Philippines

E-mail: [email protected]


INTRODUCTION

The ship is one of the most dangerous

workplaces with high mortality rate.

Philippines dominates seafaring

occupation. Filipino seafarers account for

around 20 percent of the world‟s total

supply of seafarers onboard.


The world‟s maritime industry continues to

rely on Filipino seafarers to handle 3D

(dirty, dangerous, demeaning) jobs

onboard foreign vessels.


Filipino seamen also make a substantial

contribution to the Philippine economy.

This scenario provides the basis for this

presentation to reiterate the need for sincere

enforcement of occupational health and safety

measures and guidelines by employers and

governments to ensure better working conditions

for all seafarers in the world.


THE PHILIPPINE LABOR MARKET

CONTEXT

The Philippines‟ labor surplus economy is

one key „push‟ factor behind the growth of

the number of seafarers, and OFWs as

well.


A huge population and high annual

population growth rate added sizeable

increase in job seekers yearly, while job

creation has not kept pace.


The growth of seafaring labor force is

triggered mainly by global demand.

Domestic shipping may have contributed

to its development, but the recruitment of

seafarers in the global market progressed

rapidly in the past three decades.


In this light, the requirements of the

competitive global shipping industry

principally shaped policy for the crewing

industry, maritime schools and

government agencies.


PROTECTION OF SEAFARERS

The legal rights of Filipino seafarers come

from two primary sources:

The law

The employment contract


THE LAW

1. Philippine Constitution of 1987

mandates the State to “afford protection to labor, local and overseas, organized and unorganized, and promote full employment opportunities for all.”


2. Philippine Labor Code of 1974

mandates the State to “afford

protection to labor, local and overseas,

organized and unorganized, and

promote full employment opportunities

for all.”


3. Philippine Republic Act 8042 (Migrant Workers and Overseas

Filipino Act of 1995)

provides policy thrusts such as the guarantee of migrant workers rights


Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels (POEA):

1. To faithfully comply with the stipulated terms and conditions of this contract.

2. To make operational on board the vessel the grievance machinery provided in this contract.

3. To provide a seaworthy vessel for the seafarer and take all reasonable precautions to prevent accident and injury

to the crew.

4. To observe the Code of Ethics for Seafarers and conduct himself in the traditional decorum of a master.


With these policy statements, it can be

discerned that a safer and healthier work

environment has long been recognized as a

major factor for the protection of maritime

workers‟ rights. However, in as much as the

State has indeed come up with commendable

policies, there is also a widespread recognition

of the need to build capacity and sincerity to

implement, and to fund programs envisioned by

all these policies.


SITUATION OF FILIPINO

SEAFARERS

Seafarers are fixed term contractual

employees – 12 months

Trilateral employment relationship – local

recruiting agency (i.e., crewing or manning

agency), the foreign ship owner, and the

crew.


Long & Tedious Job Search

The ordeal of a Filipino seaman starts

even while he is still looking for job on the

high seas – during the “job search” period.


Average job search period – 7.2 months

Average length of seafarers‟ employment

contract – 9.9 moths

This means that seafarers spent about the

same time looking for a job as they spent

working on board


Unscrupulous Recruitment Agencies

Asking applicants huge amount of money in order to get a break in seafaring occupation

Manning agencies using the new graduates to work without pay for as long as one year in exchange of the chance to get their first work experience on board ship.


Trainees made to pay “training fees” though they

are not assured of job after “training”

Manning agency asking seaman to sign a

document stating that he owe the agency a

certain amount of money and this is done when

he is already at the airport so as not to give the

seaman option but to sign on the document.


Seafarers complain about expensive, time-

consuming, overlapping procedures, as

well as red tape in the processing of

papers

Employment aboard ocean-going ship

inevitably subjects the worker to rigorous

isolation and confinement.


Isolation & Negative Work

SituationRigorous isolation & confinement

Ship not only of work for him/her but also a home

Regimented life throughout employment period

Subject to the command & whims of the master of the ship

At the mercy of the perils & danger of the high seas


Discrimination, Abuse, Maltreatment &

Unfair Labor Practices

Blacklisting

Lowering of Benefits

Longer Working Hours

Health & Safety Risks


Causes of Death

Maritime disasters (such as capsizings & sinkings)

Pirates

War areas

Drowning & hypothermia

Violence

Suffocation

Contusion

Disappearance from ship voyage

Back strains


Risk of cancer

Cardiovascular diseases

Malaria infections

Sexually transmitted diseases

Acute diseases & serious injuries


Controversial Provisions of the

“New Standard Employment

Contract”

An injured or sick seafarer, or his/her heirs

(if the seafarer dies), can claim only if his

injury, illness, or death have been

thoroughly proven to be work-related.


Seafarers‟ quit claims and full disclosure of

a seaman‟s medical history

Once seafarers or their families claim

death and disability, they can no longer file

damages for negligence or torts cases

against a foreign ship


Competition & Lowering of

Benefits

International ships have begun recruiting

more seafarers from other countries ---

mariners who are at par with Filipinos in

terms of skills, but are willing to accept

lower wages.


Filipino seamen are being asked to trade

off some of some of their benefits to

remain in demand in the industry


CONCLUSIONS:

Enforcement of legislations aiming to

protect the rights of our migrant workers,

particularly our overseas Filipino

seafarers, is in no way at par with their

economic contribution to the Philippines


Two main factors why the assurance of occupational health and safety remains elusive Filipino seafarers.

- the lack of interest on the part of the employers/ ship owners to fully enforce occupational health and safety measures for seafarers especially that an effective health and safety management entails a considerable economic costs to ship owners.


- lack of political will both from receiving

and sending countries to adopt concerted

and more assertive actions to address the

problems related to ensuring a safer and

healthier work environment for sea-based

workers.


RECOMMENDATIONS:

There is a need to revise existing laws

greatly affecting sea-based workers,

primarily the Migrant Workers Act, since

that said Act mainly addresses land-based

jobs and any support for the overseas

seafarers is stipulated only in the

affirmation of very general principles as

Filipinos deserving protection from the

State.


There is a need to streamline operations

and services for seafarers and

consequently, a need to rationalize

government agencies involved with

seafarers‟ education and training,

certification, labor market regulation,

employment processing, protection and

welfare.


There is a need to evaluate how the

seafaring educational system of the

country may be improved to adequately

prepare Filipino seamen for the future jobs

at sea.


Maritime schools and shipping firms/

employers are encouraged to look at the

possibility of investing on the preparation

of seafarers for life and work with

multinational crews to develop teamwork,

good rapport, effective communication,

and good decision-making in critical

situations to prevent maritime disasters

and work-related accidents.


Strengthen social dialogues among major stakeholders such as the seafarers group, shipping firms, and governments of receiving and sending countries, and other stakeholders such as crewing agencies, seafarer unions, maritime schools, and international labor and multilateral organizations, with regards to upgrading the industry, promoting seafarers‟ welfare, and decent work on board ships.


The incoming President of the Philippines

must seriously look into plights of the

overseas Filipino seafarers.


“No society

can ever claim to be civilized

if it does not show

honest concern

for the

health & safety

of its workforce.”

- Cox & Cox


References

Amante, Mragtas S.V. (2005). Philippine Global

Seafarers: Ethnicity & Identity in Ships with

Multinational Crews. MINDA Vol. 2 No. 2.

[htt://www.philjol.info/index.php/MINDA/article/vie

w/1276/1161 date accessed: January 25, 2010]


Binghay, Virgel C. (2009). Talent

Management, Migration & Globalization.

VCB Research & Publications.


THANK YOU!

dr. virgel c. binghay - ensuring occupational health & safety for overseas filipino seafarers

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