Maritime Compliance Report

While there are plenty of examples of how safety management can be implemented incorrectly, I’d like to share with you an example of how to do it right, from scratch.

Last fall we contracted with American Tugs, Inc. in Puerto Rico, to develop and implement a safety management system.  Not just any safety management system, but a Towing Safety Management System (TSMS) which would meet the requirements laid out in the Notice of Proposed Rule Making (NPRM) for 46 CFR Subchapter M. Here’s how we did it:

While we don’t know when the towing vessel inspection regulations contained in Subchapter M will officially come into force, we do know it could be as soon as within the next year, and if published as proposed, it will drastically change the industry forever. Whether a company is dreading the day, or is confident in their readiness, it is interesting to take a look at what we know about the recent Costa Concordia cruise ship disaster and draw some parallels, which may provide some insight into the future.

My associate, Capt. Tom O’Farrell, and I just completed a week long OSHA Maritime Outreach Training with the University of Texas. OSHA, the Occupational Safety and Health Administration has regulations which apply to Marine Terminals, Shipyard Employment and Longshoring, as well as regulations which apply to uninspected vessels.

It’s hard to believe that a modern cruise ship, in this age of technology, could end up on its side on the rocks, only a few hours after leaving port. Was it a bizarre one-time event, or could it happen again? Unfortunately, the answer is yes, it could happen again. But the good news is we already know how to prevent it.

Current regulations have required all credentialed merchant mariners to hold a valid TWIC. But that is no longer the case due to a recent change in the law. Some credentialed mariners will no longer have to obtain a TWIC. For example: on a towboat which opts not to have a security plan, only the licensed captain has been required to have a TWIC due to the fact that he has a license. Now, due to the recent law change, the captain of the towboat with no security plan will no longer have to hold a valid TWIC. The same goes for most small passenger vessel captains who will no longer be required to maintain a valid TWIC. Some think it is a good thing that the Coast Guard has had to revise the requirement because they feel the TWIC is useless.

Sorry, it’s not going away… The Environmental Protection Agency (EPA) released the new Vessel General Permit (VGP) on November 30, 2011. This is a draft of the permit which will go into effect on December 19, 2013. This draft has been released for public comment, so don’t miss the opportunity to provide your input.

As most of you know the proposed regulations to make towing vessels Coast Guard inspected vessels has been on the streets for about four months. The comment period is now over and so we will wait to see how the Coast Guard decides on the many issues raised when the final rule is published.