Section 70Sec./Art. 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.