Page 16: of Maritime Reporter Magazine (June 2015)

GOVERNMENT UPDATE

Marine Casualty Reporting

Addressing the Marine Casualty Report ng and Invest gat on Processes

BY DENNIS BRYANT he United States marine casu- sible, the cause of the casualty; whether wounds and reduce the program to its There are many minor injuries neces- alty reporting and investigation there was any misconduct or negligence foundational requirements. sitating more than ? rst aid (such as a

Tprocesses as administered by the that might result in any action against a Regulations promulgated by the Coast sprained ankle) that should not require

U.S. Coast Guard are seriously ? awed seafarer’s document or license or the as- Guard include a very detailed, extensive, a marine employer to ? le a report with and in need of major overhaul. These sessment of a civil penalty; or whether and confusing de? nition of “marine ca- the federal government. The current processes have been broken for years, there is need for new or amended laws sualty or accident” along with a separate property damage provision (any damage yet minimal efforts have been made to or regulations. (but no less detailed, extensive, and con- exceeding $25,000) is ridiculous. Very address the root causes. The International Convention on fusing) de? nition of marine casualties little damage on a commercial vessel can

The Coast Guard is drowning in ma- Safety of Life at Sea (SOLAS Conven- that must be reported to the Coast Guard. be repaired for that amount today. In ad- rine casualty reports. The majority of its tion) provides that each Administration The regulations further provide that, dition, how is a master to determine the informal investigations are never closed. undertakes to conduct an investigation upon receipt of information of a marine cost of repairs when the extent of dam-

Those that are closed are seldom read of any casualty occurring to any of its casualty or accident, the Commandant or age is only partially known? This provi- again. Lessons that might have been ships subject to the Convention when it District Commander will immediately sion results in masters reporting almost learned from marine casualties are rarely determines that such an investigation is order such investigation as may be nec- all damage.

Regulations promulgated by the Coast Guard include a very detailed, extensive, and confusing de? nition of “marine casualty or accident” along with a separate (but no less detailed, extensive, and confusing) de? nition of marine casualties that must be reported to the Coast Guard ... These reporting and investigation regulations are the root cause of the current problems with the Coast Guard’s marine casualty program. shared with the maritime industry. appropriate. The Casualty Investigation essary. Coast Guard guidance, policy, The IMO’s Casualty Investigation

It is time to go back to basics. Why Code was adopted in 2008 to provide and tradition basically require that each Code contains a more practical approach does the Coast Guard require the report- guidance to Administrations in the con- reported marine casualty be investigat- to both issues. It de? nes marine casu- ing and investigation of marine casual- duct of such marine casualty investiga- ed, although there are different levels of alty to include, among other things, the ties? tions. investigation, depending upon the sever- serious injury of a person or material

Thus, federal law and the IMO Casu- ity of the casualty. damage to a ship. Serious injury is fur-

It’s the Law alty Investigation Code provide the foun- These reporting and investigation reg- ther de? ned as an injury resulting in in-

Federal law directs the Coast Guard dations for the Coast Guard’s marine ca- ulations are the root cause of the current capacitation where the person is unable to prescribe regulations on the marine sualty investigation program. These two problems with the Coast Guard’s marine to function normally for more than 72 casualties to be reported and the manner foundations are outside the ability of the casualty program. The regulations re- hours, commencing within seven days of reporting. Marine casualties involv- Coast Guard to effect unilateral changes, quire the reporting and investigation of from the date the injury was suffered. ing death, serious injury, material loss of but they also provide the Coast Guard many more incidents than are provided Material damage is further de? ned as property, material damage affecting the with broad discretion in how those foun- for (or contemplated) in either federal damage that: (1) signi? cantly affects seaworthiness or ef? ciency of a vessel, dational requirements are implemented. law or the SOLAS Convention. the structural integrity, performance, or signi? cant harm to the environment Given that the Coast Guard’s ability or operational characteristics of marine are de? ned by law as reportable casual- to consistently implement and enforce Amending the Law infrastructure or a ship; and (2) requires ties. Federal law also directs the Coast its current marine casualty reporting and The reporting regulations should im- major repair or replacement of a major

Guard to prescribe regulations for the investigation processes is over-taxed, I mediately be amended to reduce the re- component or components. These IMO immediate investigation of marine ca- recommend that the Coast Guard cease quirements, particularly with regard to de? nitions are concepts that mariners sualties to determine, to the extent pos- this endless suffering from self-in? icted personal injury and property damage. can readily grasp.

16 Maritime Reporter & Engineering News • JUNE 2015

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