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LEGAL more consistent, in January 2014 the Coast Guard pub- pretations for different types of commercial maritime lished a draft NVIC seeking industry feedback on how the operations. For example, the NVIC addresses incidents marine casualty reporting requirements can be clari? ed. Ac- involving tankers at length. The Coast Guard also issues cording to the Coast Guard, the majority of the comments interpretations and policy statements related to reporting received from multiple industry segments and organiza- in the contexts of commercial diving, shipyards, and har- tions made it clear that more detail was needed for speci? c bor workers. Further, the NVIC lists a variety of incident types of marine casualties that had led to uncertainty in the and occurrence scenarios and provides interpretations of past in terms of what needed to be reported (or not). As regulations that have proven to be problematic for years. a result, several new de? nitions, interpretations, and com- The NVIC also provides for interpretations of key terms mon casualty scenarios were included in the NVIC. which caused much consternation in the past, such as:

The Coast Guard clearly sets forth its guiding principle • a loss of main propulsion, primary steering, or any associated component or control system that reduces in the NVIC when Rear Admiral Paul Thomas states, “[i] the maneuverability of the vessel; f there is any doubt whether an occurrence is a reportable ma- • an occurrence materially and adversely affecting rine casualty, the Coast Guard strongly encourages responsible the vessel’s seaworthiness or ? tness for service or route; industry parties to contact the nearest Of? cer in Charge of and

Marine Inspection…to determine an appropriate response.” • an injury that requires professional medical

The NVIC goes on to indicate that when a report is made, treatment (treatment beyond ? rst aid).

the Investigating Of? cer will make a determination if the incident is reportable or not. If not, it is recommended

Here, the Coast Guard adopts the Occupational Safety that you document such a determination in writing. If so, and Health Administration (“OSHA”) de? nition, which is a Form CG-2692 is required within 5 days of the incident.

widely understood.

The Coast Guard also issued industry speci? c inter-

Bottom line, though, the marine casualty reporting

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