PSMM/SPM

SHIP PERSONNEL MANUAL Rev : 00

Date : 04.01.2021
SECTION 12: ON BOARD DISCIPLINE Page : 1/5

8.0 ON BOARD DISCIPLINE

8.1 CODE OF CONDUCT

The most effective form of discipline is self-discipline. This can be achieved by having a
responsible attitude to the job, concern for the efficient operation and safety of the vessel and
for the comfort and convenience of other crewmembers. Breaches of self-discipline, which
occur, have to be dealt with by setting a framework of discipline or Code of Conduct.

Orders must be given and obeyed if a ship is to operate safely and efficiently. Co-operation
will be gained if it is obvious to the crewmember that orders given are reasonable. If orders
appear unreasonable then the crewmember is entitled to request an explanation. At the same
time willful or repeated refusal to comply with reasonable orders or other anti-social
behavior must be expected to have certain consequences.

An important factor in gaining co-operation is good communication. This applies both to

communication between the Company and the vessel and to communications between
personnel onboard the ship. If all concerned with the running of the ship are kept as fully
informed as possible about the Company’s policies and objectives and are made aware of the
importance of their own contribution to the voyage, co-operation and morale will be much
improved.

Disciplinary procedures are designed to emphasize and encourage improvement in an

individual's conduct and performance as well as to ensure the safe and efficient operation of
the vessel.

The following guidelines should be read in conjunction with disciplinary procedures

embodied in the terms and conditions of employment for a particular nationality and the
relevant flag state requirements.

8.2 MISCONDUCT OR UNDER PERFORMANCE

A crew member who is alleged to have committed an act of misconduct or deemed to be

under performing will be seen in the first instance by the Chief Officer or Chief Engineer (as
appropriate). If the head of department is satisfied that no further action is required, but an
act of misconduct had occurred but calls for no more than an informal warning, then he
should proceed accordingly. In the case of under-performance, it may be that additional
training will provide the most effective solution.

Branch of Petrovietnam Transportation Corporation

 PSMM/SPM
SHIP PERSONNEL MANUAL Rev : 00
Date : 04.01.2021
SECTION 12: ON BOARD DISCIPLINE Page : 2/5

If the offence is of a more serious nature (see 8.3 below) or is a repetition of similar minor
offences, then the case must be referred to the Master. In dealing with such an offence the
Master should observe the following procedures:

i) Cases referred to the Master should be handled with the minimum of delay.

ii) A hearing should be convened by the Master and a thorough investigation carried out.

This will include, where necessary, the calling of any witnesses and the recording of
their statements.

iii) The head of department should be present at a disciplinary hearing and the crewmember
has the right to be accompanied by a colleague who may advise him and speak on his
behalf.

iv) After a careful and thorough investigation and having considered all the evidence, the
Master will verbally inform the crew member whether or not he finds that he has
committed the offence(s) in question.

v) Depending on the findings of the Master he may dismiss the case, issue a Formal
Warning For Misconduct/Inefficiency or dismiss the crew member from the ship keeping
the management office informed.

vi) Details of an offence and the action taken will be recorded in the Official Log Book.

vii) The crewmember shall be given a copy of all entries made in the logbook relating to the
offence(s) for which he is subject to disciplinary action and should acknowledge receipt.

viii) If the crew member declines to acknowledge receipt, then a subsequent entry is made
which must be witnessed by another senior officer and, if possible, by another seaman of
the same nationality as the crew member being disciplined.

ix) In the event the allegation of misconduct involves the Master, the Manager of Crew
Department will conduct the initial hearing and any subsequent appeals will be referred
to the Director of the Company.

x) Misconduct or underperformance by Cadets should additionally be reported to the

Training Manager.

Branch of Petrovietnam Transportation Corporation

 PSMM/SPM
SHIP PERSONNEL MANUAL Rev : 00
Date : 04.01.2021
SECTION 12: ON BOARD DISCIPLINE Page : 3/5

8.3 SERIOUS MISCONDUCT

The Company consider the following to be serious acts of misconduct that may lead to
dismissal from the ship if proved, to the reasonable satisfaction of the Master, to have been
committed:
i) Assault.
ii) Willful damage to the ship or any property on board, or unauthorized disposal there of
ship's property for personal gain.
iii) Theft or possession of stolen property.
iv) Possession of weapons or explosives.
v) Persistent or willful failure to perform duty.
vi) Unlawful possession, consumption and/ or distribution of drugs
vii) Conspiring with others at sea to impede the progress of the voyage or navigation of the
ship

Branch of Petrovietnam Transportation Corporation

 viii) To be asleep on duty or failure to remain on duty if such conduct would prejudice
the safety of the ship or any person on board.
ix) To be under the influence of alcohol or drugs whilst on duty, or whilst off duty to the
extent that the safety of the ship or any person on board is prejudiced.
x) x) To smoke, use naked light or an unapproved electric torch in any part of the ship
carrying dangerous cargo or stores where smoking or the use of naked lights or
unapproved torches is prohibited.
xi) Intimidation, coercion and/or interference with the work of other employees.
xii) Behavior which seriously detracts from the safe and/or efficient working of the ship.
xiii) Misconduct of a sexual nature, or other misconduct based on sex, affecting the
dignity of women or men at work which is unwanted, unreasonable and offensive to
the recipient.
xiv) Causing or permitting unauthorized persons to be on board the ship whilst at sea.
xv) Repeated acts of misconduct of a lesser degree after one or more warnings have been
issued.
xvi) Abetting or conniving with others to smuggle or mis-declaration of, or failure to
declare articles leading to seizure and/or fine to the vessel.
xvii) Desertion, or assisting others to desert.
xviii)Being left behind by the vessel.

8.4 CONDUCT IN EMERGENCIES

In any emergency or other situation in which the safety of the ship or of any person on
board is at stake the Master, officers and senior ratings are entitled to look for immediate
and unquestioning obedience of orders. There can be no exception to this rule. Failure to
comply will be treated as among the most serious acts of misconduct and will lead to the
offender's dismissal from the ship at the first opportunity. Under certain flag legislation
such an act of misconduct may also lead to prosecution.

8.5 RE-EDUCATION
In particular circumstances, especially where a member of crew has been involved in an
operational incident, there may be a need for either retraining or further development. This
may prove to be a more suitable alternative and/or addition to any other disciplinary
action, particularly when dealing with experienced staff. In such cases, this will be fully
discussed with the managing office who shall make a decision on whether or not this is an
acceptable solution.