Page 19: of Maritime Reporter Magazine (February 2015)

Ship owners and operators cannot assume that each newly- assigned mariner is fully familiar with the ship or with the equip- ment that he or she will have to use to perform required tasks.

There is a legal obligation for owners and operators to make newly-assigned mariners fully familiar with their vessel ...

iarize themselves with all procedures and oil spill. Investigations by both the U.S. equipment relating to their areas of re- Coast Guard and the National Transpor- sponsibility. That section further recom- tation Safety Board (NTSB) noted that mends that the master should take steps the master and deck of? cers (all of whom to implement the company instructions. were newly assigned to the ship only 24

The STCW Convention and Code (as hours prior to departure on this voyage) amended in 1995) were implemented were unfamiliar with pertinent provi- for the United States by the U.S. Coast sions of the ship’s Safety Management

Guard interim rule promulgated on 26 System (SMS). On 13 August 2009,

June 1997 and entered into effect on 28 Fleet Management Limited, operator

July 1997. The pertinent provisions are of the COSCO BUSAN, entered into a now codi? ed in Title 46, Code of Federal plea agreement with the US Department

Regulations, Subpart J – Vessels Sub- of Justice (DOJ) admitting its failure to ject to Requirements of STCW. Section provide vessel familiarization to the crew 15.1105(b) provides: regarding bridge procedures, bridge team management, the ship’s Electronic Chart-

On board a seagoing vessel, no person ing System, or voyage passage planning may assign a shipboard duty or respon- prior to the ship’s departure on this voy- sibility to any person . . . unless [that age as required under the ISM Code. In person] is familiar with it and with all addition to paying a substantial ? ne, the vessel’s arrangements, installations, company entered into an agreement to equipment, procedures, and character- conduct internal audits of its safety man- istics relevant to his or her routine or agement system and to hire an outside emergency duties or responsibilities, and independent third party audit to re- in accordance with STCW Regulation view the company’s safety management

I/14. system as applicable for navigation, crew familiarization and training.

Generally

The ISM Code and STCW Convention Conclusion and Code provisions regarding the vessel Ship owners and operators cannot as- familiarization requirement are basically sume that each newly-assigned mariner the same, although the STCW Conven- is fully familiar with the ship or with the tion and Code includes greater detail. equipment that he or she will have to use

Both have been adopted by the United to perform required tasks. There is a le-

States and have been implemented and gal obligation for owners and operators are enforced by the U.S. Coast Guard. to make newly-assigned mariners fully

Both have been adopted by the vast ma- familiar with their vessel prior to assum- jority of national governments. Thus, it ing their duties. The day of the departing can fairly be said that the vessel familiar- mariner passing his or her replacement on ization requirement is universal. the gangway is past. Governments will increasingly hold owners and operators

Nonobservances responsible if there is a casualty or spill

Experience has taught us, though, that due to a mariner’s unfamiliarity with the the practice of vessel familiarization has ship.

not been universally applied. Investiga- tions following marine casualties com- monly include ? ndings indicating that

The Author one or more seafarers on the unfortunate

Dennis L. Bryant is with Maritime Regu- ship was unfamiliar with an important latory Consulting, and a regular contribu- piece of equipment or an important pro- tor to Maritime Reporter & Engineering cedure. Matters rarely go any further.

News as well as online at MaritimePro-

An exception was the 7 November fessional.com. 2007 allision of the COSCO BUSAN t: 1 352 692 5493 with the Delta Tower of the San Francis- e: [email protected] co-Oakland Bay Bridge and subsequent www.marinelink.com 19

MR #2 (18-25).indd 19 MR #2 (18-25).indd 19 2/6/2015 9:16:54 AM2/6/2015 9:16:54 AM