Page 45: of Marine News Magazine (October 2019)

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COLUMN SAFETY “Minor” Incident Sends Mariner

Down S&R Rabbit Hole

By Randy O’Neill

It was early afternoon on a late sum- USCG’s New England of? ce informed the captain that it mer day in a busy commercial and ? sh- had initiated an administrative proceeding against his cre- ing port in coastal New England. The dentials/license and instructed him to attend a ‘meeting’ captain of an offshore supply vessel was with the USCG of? ce in his hometown. returning to his company’s dock and was

HE AMMER OMES OWN lining up to transit past the harbor’s ? xed T H C D storm mitigation gate when he decided The captain’s license insurer promptly assigned its poli- to ‘bail out’ on his approach because the cyholder with a second local maritime attorney from its tide was ebbing and the outbound cur- nationwide network. The new attorney was instructed to

O’Neill rent of approximately two knots was off- contact the New England attorney originally assigned to the setting his vessel to the east. No stranger license-insured mariner to discuss the particulars of the inci- to these waters, having made the same passage dozens of times dent and to access his notes related to the incident in order previously, he turned around and started his approach again. to properly prepare for the meeting with the Coast Guard.

As the OSV was just clearing the gate on the east side, Surprisingly, when the captain and his attorney reported to it encountered a strong current to the east. As the vessel’s the meeting expecting to provide an oral statement regarding bow started to fall off, the captain took corrective action to the now two-month-old incident, he was served with an of? - counteract the unexpected current. Unfortunately, the cur- cial Complaint charging Negligence, proposing a six-month rent intensi? ed further and the OSV’s starboard bow allided outright license suspension. Cited was the presumption of with the ? xed gate’s concrete base. While the vessel’s fenders negligence of the captain for the allision with a ? xed object absorbed most of the impact, the OSV received damage to [as described by 46 U.S.C. & 7703(1)(B) and de? ned by 46 the starboard bow, the port aft stern, and the gate structure CFR & 5.29]. The Coast Guard also proposed a Settlement itself, which received minor damage to its concrete base. Agreement to preclude proceeding to an Administrative Court trial. The offer was for the captain to either surrender

T I his license voluntarily for a three-month outright license sus-

HE NVESTIGATION

Wisely, the captain promptly noti? ed the Coast Guard pension, or to surrender it for a two-month outright license and his company of the incident. He also contacted his suspension, accompanied by his satisfactory completion of a license insurer which immediately assigned him a local bridge management resources (BRM) course.

maritime attorney to counsel him and help him prepare The shaken mariner was given 21 days to make his deci- and submit a marine casualty report (2692). And then, of sion on how he would prefer to proceed.

course, he went with his ? rst mate to take a post-casualty While the captain’s new local attorney was familiar with drug test. Concurrently, the local harbor patrol inspected and had a good working relationship with the Command- the allision site, visited the OSV’s dock and, ultimately, ing Of? cer (CO) of the Southeastern port city’s USCG completed its own report of the incident. Prevention Department, he suspected the chances were

The Coast Guard investigation of the incident was as- slight that the CO would be able to resolve an issue driven signed to the closest MSO which was located in a neigh- by recommendations made by the Prevention Department boring state. Upon completing its investigation the New in New England which had conducted the onsite investi-

England-based MSO forwarded the report to her coun- gation of the incident and prepared the ? le upon which terpart in the southeast state where the vessel’s captain had the negligence charge and settlement options were based.

subsequently returned to his primary residence. His suspicions were quickly con? rmed when the USCG

A little more than two months later, the MSO who re- of? cer in New England informed that she would not con- ceived the investigative ? le and recommendations from the sider any mitigation of the sanctions sought either to a 45 www.marinelink.com MN