Professional Documents
Culture Documents
Codul Cic
Codul Cic
IMO Res. A.849 (20) and the Code for the Investigation of Marine Casualties and
Incidents
IMO Res. A.884 (21) amendments to the Code for the Investigation of Marine
Casualties and Incidents
MSC/Circ. 827 (MEPC/Circ.333)
a summary of the `Herald of Free Enterprise'
basic scenario papers
course notes
Canadian Coast Guard Material on procedures
The three most time consuming modules will be 9 and 10. Short video clips of
marine accidents can be used in witness interviews.
Learning Objectives Text Aids
1 Course Introduction
Following this module the participants will understand the aims and
objectives of the course and they will have some idea of the background
1.3 Introducing Course participants and lecturers Course notes Group activity
impact that serious accidents have on the general public and how parts
of the marine industry are perceived. They will also understand the Lloyd's Video,
2.2 Ship safety issues (Bulk carrier and ferry losses, and the sea
3 Investigations
marine casualty, the objectives of Resolution A.849 (20) and the need for
3.7 Code for investigation of Marine Casualties and Incidents; the A.884 (21)
purpose
recommendations
4.4 ILO Conventions 147 and 134 & ILO recommendation 142
5 Setting up an investigation
appropriately qualified people, the need for communication with other Group
5.1 Jurisdiction
5.2 Types of investigation and investigator's role in a Formal Inquiry
• Assisting counsel
• Appearing as an expert witness in other inquiries and
courts.
5.8 Notification
shipping agentsof investigation to master, owners, flag State
5.10 Planning
6.2 Basic ground rules and the degree of formality depending upon
process.
Impartial
Biased
Hostile
Reluctant
Untruthful
Expert
Negative
interviewing technique
Observe
are seldom unique events. They will understand that accidents are the
result of a causal chain, which goes beyond the immediate operator and
7.1 Multi-factor causal chains
8 Human Factors
8.4 Fatigue
William G Sirois
Muscular Activity
Circadian clock
Environmental temperature
Environmental sound
Environmental aroma
Environmental light
Personal interaction
i
Learning Objectives Text Aids
Real evidence
Documentary evidence
Personal evidence/testimony
Expert evidence
Circumstantial
Hearsay
Prime Facie
Port Office
Interviewing witnesses
conditions and the help that charting of the events and conditions can be
10.1 Introduction
Reason Model
11 Reporting
11.4 Analysis
11.5 Diagrams, charts and illustrations and use of foot or end notes.
11.6 Conclusions
11.9 Media exercise
11.10 Reopening an inquiry
Please read on for the Diploma in Marine Accident Investigation Management course syllabus
This professional development diploma in Marine Accident Investigation, which is delivered by Lloyd’s Maritime Academy in partnership with North West Kent College, will give
you the expertise to conduct investigations and improve safety within the industry.
Course content can be found below, you can also download the Diploma in Marine Accident Investigation prospectus here.
What is an accident?
Accident causes
- Technical (e.g mechanical, lack of maintenance)
- Operational (e.g navigation, cargo stowage)
- Human Factors
o Stress
o Fatigue
o Drug and alcohol
o Communication
o Fatigue
o Error classification
o Behaviours
o Common errors
Establishing collection of data protocol with stakeholders and availability of information and personnel – use of checklists
Initiation of an investigation
- Initial actions
- Preparation
Tools of the trade
Definitions
- Defence, event, unsafe act, unsafe condition, underlying conditions
Establishing the sequence of events and sequence of events diagram
- Significant events and underlying factors
- Root cause analysis
- Kletz’s view: effort expended versus actual importance
Organisational and management (O&M) factors
- Investigating for O&M factors
- Filters in respect of O&M factors
- O&M Factors and the four Ps: philosophy, policy, procedures and practices
- Questions to ask when considering O&M factors
Early issues and the need for early communication of safety issues
- Drafting a safety communication
Risk assessments in safety investigation analysis
- The risk equation
- Risk matrix and ALARP (as low as reasonably practicable)
- The risk paradigm
Drawing conclusions
Types of incident analysis: fire, navigation, cargo and occupational/personnel accidents, structural failures, stability and maintenance issues
9. Report Writing
Formulating recommendations
- Linking to conclusions
Report writing and analytical traps
10. Post-Publication of a Marine Accident Report
Follow-up
- Monitoring action plans
- Public and media attention
- Hosting press conferences
Court proceedings for investigators
- Court process
- Expert witness evidence
- Public inquiries and implications
Compiling lessons learned reports
View LatestProspectus
Awarded by
Course Director
John Astbury CBE, CMarTech, FIMarEST, FRIN
Former CEO, MCA
Ship Superintendency
Certificate in
Cargo Surveying
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Criminalisation of Seafarers
Introduction
Photo: Steven Bruijneel,
It is important for seafarers to do all they can to avoid www.dockwork.be
causing pollution of the marine environment. Sometimes
commercial pressures put seafarers in difficult situations
and although the company may not instruct the crew to take shortcuts, this may be
the only way to keep to deadlines. In the current climate, any action that could
cause damage to the environment, whether intentional or by accident, can lead to
seafarers taking the blame and being treated as criminals.
Each country has its own judicial system, and not all apply procedures with which
you may be familiar or expect in your home country. For example, the right to
remain silent, confidentiality of information, safeguards covering arrest and
detention, access to legal advice and representation, a fair trial, and processes for
extradition will vary between countries. If in doubt, be sure to get advice from your
union and/or from your company.
The state under which your ship is flagged has the right under international law to
institute legal proceedings requesting the immediate release of any seafarers
detained following an accident or pollution incident at sea. Unfortunately, Flags of
Convenience (FOC) states are notorious in failing to pursue this right on behalf of
crews of ships under their flags.
Your shipowner and the ship's insurers should provide you with legal support and
advice if you are arrested or detained, and support any welfare needs that arise.
International Maritime Organisation (IMO)/International Labour Organisation (ILO)
guidelines on the fair treatment of seafarers in the event of a maritime accident are
available for viewing, using the link on the right of this page.
Back to top
Maritime News
11 September 2015
Seafarers’ Rights International (SRI) - funded by the ITF's Seafarers' Trust - has
posted a new video looking at the criminalisation of seafarers.
Seafarers risk criminalisation not only because they might not know all the laws of
every country they visit as part of their work, but also because the application of
the law at international and national level might now criminalise some seafaring
activities previously considered lawful – particularly with the rise of a "blame
culture" as a first response when something goes wrong (such as oil pollution).
Seafarers who are foreign nationals might also be treated differently in some
countries if they become subject to the criminal law.
Concern about the criminalisation of seafarers, and its consequences, led the
International Maritime Organization (IMO) and International Labour Organization
(ILO) to launch joint Guidelines on the fair treatment of seafarers in the event of a
maritime accident in 2006.
The SRI video aims to raise awareness of seafarers and the criminal law, reports on
a survey of seafarers and their experience of the criminal law in accidents and other
incidents at sea, and suggests that more than codes or recommendations are now
needed to protect seafarers from the injustices they can suffer when they are
involved in incidents and accidents.
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Seafarers and the criminal law - http://seafarersrights.org/seafarers-
subjects/criminal-law/