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Maritime Compliance Report
Welcome. Staying in compliance takes dedication, diligence and strong leadership skills to stay on top of all the requirements which seem to keep coming at a rapid pace. With this blog I hope to provide visitors with content that will help them in their daily work of staying in compliance. I hope you find it a resource worthy of your time and I look forward to your feedback, questions, comments and concerns. Thanks for stopping by.
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For those of you travelling from out of town for the TSMS Workshop who want to stay at Hilton, now is the time to book a room. The Hilton is only holding the block of rooms until this Friday. Please forward this information to anyone you think would benefit from it. See you on August 8th.
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The update to the DHS regulatory agenda now shows the expected publish date of the Final Rule for Subchapter M, towing vessel inspection regulations, to be March of 2015. While some find the moving goal post frustrating, it also buys time for preparation.
Anyone who may be impacted by this regulation should take the time to read over the Notice of Proposed Rulemaking (NPRM). Some things to consider are: what equipment and other changes may be required for each company vessel based on the 17 "sub-applicabilities;" and, is it best for the company to choose the Coast Guard compliance option or the third party TSMS option.
Anyone who may be impacted by this regulation should take the time to read over the Notice of Proposed Rulemaking (NPRM). Some things to consider are: what equipment and other changes may be required for each company vessel based on the 17 "sub-applicabilities;" and, is it best for the company to choose the Coast Guard compliance option or the third party TSMS option.
Towing vessel captains should not be forgotten when considering this important compliance option. It might be interesting if companies asked a sampling of captains how they feel about passing an audit where the auditor is required by regulation to determine, by gathering objective evidence, if the company has, "effectively implemented its TSMS throughout all levels of the organization, including onboard its vessels." Even if the answer is a resounding, "bring it on!" on board implementation of all company policies and procedures would be a good topic to focus on over the next six months.
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At a recent conference some interesting information was passed regarding Subchapter M. The Coast Guard has posted on the regulatory agenda, a date of September 2014 for the release of the Final Rule for Subchapter M - Towing Vessel Inspection Regulations.
While many are already aware of this date, it is interesting to note that Subchapter M is expected to be released as a Final Rule. Many had speculated that due to the large volume of comments, that Subchapter M may be changed significantly and therefore put back out for further comments. But, based upon the current information, when it is published, the rule will be final.
Additionally, the Coast Guard passed on that interested parties should become intimately familiar with the Notice of Proposed Rule Making (NPRM) which is available for viewing in the Federal Register. Reading between the lines, one might conclude that while changes will surely be made, the NPRM may not be far from the Final Rule once published. While it may not be time to invest great sums of money in order to get ready, it is certainly time to read the NPRM if you haven't done so already. If you wait for the Final Rule before you start figuring it out, you will surely end up behind the learning curve.
While many are already aware of this date, it is interesting to note that Subchapter M is expected to be released as a Final Rule. Many had speculated that due to the large volume of comments, that Subchapter M may be changed significantly and therefore put back out for further comments. But, based upon the current information, when it is published, the rule will be final.
Additionally, the Coast Guard passed on that interested parties should become intimately familiar with the Notice of Proposed Rule Making (NPRM) which is available for viewing in the Federal Register. Reading between the lines, one might conclude that while changes will surely be made, the NPRM may not be far from the Final Rule once published. While it may not be time to invest great sums of money in order to get ready, it is certainly time to read the NPRM if you haven't done so already. If you wait for the Final Rule before you start figuring it out, you will surely end up behind the learning curve.
The regulatory agenda will be updated in August. That will be our next opportunity to get a Subchapter M update. Stay tuned.
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14The purpose of writing down the best procedure for a particular operation in a safety management system is to standardize operations in order to minimize human error. Safety management systems (SMS) vary greatly regarding their content, even within the same industry. That's because it's up to the company using it, or developing it, to determine which operations should be included. Some regulatory requirements, or industry programs, dictate what topics require policies and procedures, but most provide general headings. For example, the International Safety Management (ISM) Code provides a general outline such as Section 7 – Shipboard Operations. The company is expected to fill in the blanks.
Subchapter M is no different. The proposed requirements for the Towing Safety Management System (TSMS) contained in 46 CFR 138.220(c)(2) states, "Procedures must be in place to ensure safety of property, the environment and personnel." But what procedures? This is where risk assessment comes into play. What are the most dangerous evolutions that occur? How have people been hurt in the past? What caused a spill? For example, if a tugboat company handles lines all day every day, and parting lines pose a real and significant danger to crews, their SMS should contain procedures based upon the line manufacturers' specifications, to inspect the lines regularly and know when they have become unserviceable.Even if an auditor or government inspector doesn't catch these omissions, the courts may. Reportedly, in a recent court decision involving a deckhand being crushed to death in a capstan during a swing maneuver, the vessel was found to be "unseaworthy." This ruling made the tug owner strictly liable under general maritime law. The reason this determination was made was that the owner failed to adequately implement procedures and guidelines that would have provided the crew the training, skill and knowledge to perform the maneuver safely.
Don't buy a TSMS off the shelf. Get someone to facilitate the development of one specific for your company and make sure to involve your best captains in doing so.
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