Bulletin 018 – Marine Accident Reporting 1.2
Notice to: Shipowners, Operators, Officers, Flag State Inspectors and Recognised Organisations.
1. References
a) Barbados Merchant Shipping Act (CAP 296).
b) IMO Resolution MSC.255(84) Code of the International Standards and Recommended practices for a safety investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code).
c) The International Safety Management Code (ISM Code).
d) Bulletin 035 – Piracy and Armed Robbery.
e) Bulletin 010 – Barbados Reporting Requirements.
2. Purpose
2.1 This Bulletin provides information on BMSR’s reporting requirements for reporting Marine Accidents and Marine Safety Investigations.
2.2 This Bulletin does not cover reporting of Piracy incidents, which are addressed in Bulletin 035.
2.3 This Bulletin does not cover reporting of Birth and Deaths, Occupational Diseases and Breach of Security (Stowaways), which are addressed in Bulletin 010.
3. BMSR Contact Details
3.1 In case of emergency the BMSR contact details are as per below:
.1 Email: accidents@barbadosmaritime.com
.2 Emergency 24-hour phone: +44 (0) 7494 116 754
4. Application
This Bulletin applies to all Barbadian vessels engaged in international voyages.
5. Definitions
For the purposes of Section 229 of the CAP 296, “marine accident” refers to both a marine casualty and a marine incident as defined in this section.
5.1 A marine casualty is an event, or a sequence of events, that has resulted in any of the following which has occurred directly in connection with the operations of a vessel:
.1 The death of, or serious injury to a person. In this context, a serious injury renders the person unable to perform their usual duties for >72 hours and includes occupational accidents;
.2 The loss of a person from a vessel;
.3 The loss, presumed loss, or abandonment of a vessel;
.4 Material damage to a vessel or marine infrastructure. In this context, material damage means the structural integrity, performance or operational characteristics of the vessel or infrastructure are significantly affected and require major repair or replacement of a major component or components.
.5 The vessel is unfit to proceed or requires flag state approval or a condition of class before it is allowed to proceed.
.6 At sea, a breakdown of the vessel, required towage.
.7 The stranding or disabling of a vessel, or the involvement of a vessel in a collision.
.8 Damage to marine infrastructure external of a vessel that could seriously endanger the safety of the vessel, another vessel or any individual.
.9 Pollution, caused by damage to a vessel or vessels.
5.2 A very serious marine casualty means a marine casualty involving the total loss of the vessel or the death of a person or severe damage to the environment.
5.3 A marine incident, is an event or sequence of events, which has occurred directly in connection with the operation of a vessel that does not meet the criteria to be classified as a marine casualty (as in Section 5.1 above) but that endangered or, if not corrected would endanger, the safety of the vessel, its occupants or any other person or the environment.
5.4 A marine incident or marine casualty does not include a deliberate act or omission, with the intention to cause harm to the safety of a vessel, an individual or the environment.
6. Marine Accident Reporting
6.1 The Master or senior surviving officer of a Barbadian vessel must notify the BMSR of any marine accident, regardless of location.
6.2 The vessel’s owner or manager must notify the BMSR of any marine accident unless they are satisfied that the Master or senior surviving officer has made the report.
6.3 All notifications are treated confidentially, and a reporter’s identity will not be released.
6.4 Any notification of a marine accident made to the BMSR does not remove any obligation to notify other Organisations, such as Coastal and Port State authorities.
6.5 The BMSR should be informed immediately if a port or coastal State initiates an investigation or takes any other action in relation to an accident.
6.6 An Initial Report of any accident must be sent to the BMSR within 24 hours of the occurrence, via telephone or email. The Initial Report should provide brief details of the incident, such as:
.1 vessel’s name and IMO number;
.2 the nature of the accident, date, and time;
.3 vessel’s location, and next port of call if at sea;
.4 confirmation that port or coastal State authorities have been notified; and,
6.7 Notification must not be delayed until the completion of an internal company investigation.
6.8 And follow up to the initial report, Form 45 – Accident / Incident reporting must be submitted within 24 hours.
7. What not to Report
7.1 There is no requirement to report:
.1 Defects to equipment and vessel detentions unless they are related to a marine casualty or marine incident.
.2 Injuries to passengers that did not result from activities connected with the operation of the vessel. For example: a passenger suffering a fall on board a vessel, where the vessel’s movement, design, or acts or omissions by crew were not contributing factors.
.3 Damage or injuries occurring ashore, which do not involve the vessel’s equipment.
7.2 Notwithstanding the list of serious marine casualties contained in Section 6.1, Owners and the Master are encouraged to report to the BMSR any accident which may fall within the scope of their ISM Code reporting requirements.
8. Evidence
8.1 Following a marine accident, the BMSR may require access to additional information and evidence. Therefore, all charts, logbooks, recorded data (hard copy or electronic) relating to the period prior to, during and after the marine accident, and all other documents, records and equipment which may be pertinent to the marine casualty or marine incident must be preserved.
8.2 Where a vessel is fitted with a Voyage Data Recorder, the data recorded by it must be saved immediately and steps taken to prevent the data becoming overwritten. Preservation is mandatory for marine casualties.
9. Accident follow up and Marine Safety Investigation
9.1 Following a preliminary review of the facts provided in the initial reporting and Form 45 – Accident / Incident reporting (when applicable), the BMSR may seek to obtain such information as it considers necessary concerning the marine accident and any remedial action taken. A description of actions taken and/or recommendations made to prevent recurrence may be requested. In some cases, the Company’s investigation report will be sufficient, but the BMSR may seek further details if required.
9.2 A Marine Safety Investigation (MSI) will be conducted for all the very serious marine casualties, as defined in Sec. 5.2 above.
9.3 A marine safety investigation might be conducted into marine casualties (other than very serious marine casualties) and marine incidents if it is considered likely that an MSI will provide information that can be used to prevent marine accidents in the future.
9.4 The purpose of an MSI is to help prevent further avoidable accidents from recurring, it does not seek to apportion blame or establish liability. Instead, it works alongside shipowners to help ensure that lessons learned from a casualty are implemented and the likelihood of recurrence is reduced.
9.5 When an MSI is carried out, the BMSR publishes the MSI report that includes safety recommendations and safety learning to improve safety at sea.
10. Offences
10.1 Under Section 314(1) of the CAP 296 it is an offence not to report a marine accident or provide information required without reasonable cause. This may result in the suspension of the certificate of registry (COR) of the vessel until the contravention is rectified, or in the deletion of the vessel from the register.
10.2 Under Section 315 of the CAP 296, a person who contravenes Section 314(1) is guilty of an offence, and, unless a specific penalty is otherwise provided by CAP 296, is liable on summary conviction to a fine of USD50 000, or imprisonment for 6 months, or both.
Revision History:
Revision No |
Description Of Revision |
1.0 |
First Issue – supersede: Bulletin 317 : Casualty and Accident/Incident Reporting Requirements Rev.1.0 Content moved from Bulletin 010 |
1.1 |
Amended phone number in sec. 3.1.2 |
1.2 |
Amended email address in sec. 3.1.1 |
1.3 |
Amended Sec. 1. b, 2.3, 3.1, 5.1.4, 5.1.5, 5.1.6, 5.2, 5.3, 5.4, 6.2, 6.8, 7,9, 9.2, 9.5 and 10.2 |
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