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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Bulletin 330 : Preparation for Internal Annual Audits – SMC/ISM/ISPS/MLC Rev.1.0

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification Societies

Internal audits on board are mandatory under Reg. 12.1 of the ISM Code.

Some clients have expressed an interest in Barbados approved inspectors carrying out preparatory inspections on board their ships in respect of ISM/ISPS/MLC. It is understood that this could be particularly useful in view of the current Covid-19 pandemic and the many travel restrictions worldwide which are leading to extensions and thus longer intervals between audits. Also, that certain other flag states are allowing their approved inspectors to carry out such preparatory inspections.

There is no objection from Barbados Maritime to their approved inspectors undertaking inspections in preparation for Annual Audits. It is envisaged that inspectors carrying out such audit work would be able to follow client’s in-house checklists/guidance and also provide recommendations, best practice advice and suggestions for improvement.

However, and as with Annual Flag State Inspections, we would not become involved in any charges for the service which would need to be agreed between the client and inspector.

28 July 2020

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Bulletin 326 : IMO Guidelines for a safe shipboard Rev.1.0

Application: All shipowner/operators, masters and officers of merchant ships

IMO has provided Guidelines to ensure a safe shipboard interface between ship and shore-based personnel, to which we wish to draw your attention.

This advice is provided here: .Circular Letter No.4204-Add.16 – Coronavirus (Covid 19) – Covid-19 Related
Guidelines For Ensuring A Safe Shipboard

19/05/2020

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Bulletin 325 : QR Codes on Endorsements and CRA’s Rev.1.0

Officer Endorsements and CRAs will now be issued with a QR code, which can be scanned to verify the authenticity of the document. The aim is to reduce the administrative burden on Administrations, Port State control officials, ships’ crews and other stakeholders in the industry.

In the past, ships have experienced instances of Port State Control actions because a paper certificate, which had been issued, did not arrive on the ship or the paper certificate was damaged or lost.

IMO “Guidelines for the use of electronic certificates” (FAL.5/Circ.39/Rev.2), sets out the necessary features, and recommends stakeholders to accept such certificates.

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Bulletin 324 : Maritime Security in the Gulf of Guinea Rev.1.0

Application: all ship-owners, operators, masters and officers of merchant ships and authorised classification societies

Barbados Flag wishes to bring to the attention of all concerned the new publication for maritime security guidance for ships and seafarers operating off the coast of West Africa and the Gulf of Guinea, replacing the previous guidelines for the area.

This publication is aimed to help mariners detect, deter and delay external threats to their safety. Best Management Practices to Deter Piracy and Enhance Maritime Security off the Coast of West Africa including the Gulf of Guinea (BMP-WA) complements piracy guidance in the latest International Maritime Organisation Resolutions and Circulars (www.imo.org) in this region.

The maritime security situation off the West Coast of Africa is complex and dynamic. BMP (WA) has been developed to help ships and seafarers avoid becoming the victims of maritime security incidents in these waters. The publication aims to help ships plan their voyage and to detect, avoid, deter, delay and report attacks. BMP-WA also outlines risk assessment as an integral part of voyage planning in identifying measures for prevention, mitigation and recovery, combining statutory regulations with supplementary measures.

The consequences of not adopting effective security measures can be severe. The guidance contained in this publication mitigates the risk from piracy and armed robbery. To this effect, all concerned are strongly advised to apply the recommendations in this publication, which will make a significant difference to the safety of seafarers.

Barbados Flag also draws the attention of all concerned to the official website (https://www.gog mdat.org)

of the Maritime Domain Awareness for Trade-Gulf of Guinea (MDAT- GoG), the co-ordination centre tasked to safeguard merchant ships operating in the region. MDAT- GoG is a cooperation centre between the Royal Navy (UKMTO) and the French Navy (MICA-Center) in support of Yaounde Process. The primary output from the MDAT- GoG is to contribute by maintaining coherent maritime situational awareness in the central and western African Maritime areas, with the ability to inform and support industry. It contributes to the safety and security of the Mariner in the regional maritime domain.

To do this effectively, MDAT- GoG needs to know about merchant ships approaching, transiting or operating in the region. The MDAT- GoG website offers ship-owners, ship masters and agents the facility to register their details securely with MDAT- GoG, update positions of their vessels and receive information and guidance designed to reduce the risk of pirate attacks. To this effect, masters and operators of Barbadian ships that operate or that may operate in this area are strongly advised to register on the website.

The publication may be downloaded from www.maritimeglobalsecurity.org, which also includes links to other maritime security information useful to mariners.

06-05.2020

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Bulletin 317 : Casualty and Accident/Incident Reporting Requirements

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification Societies

1.0 Definitions:

1.1 Casualties

These are occurrences where there is:

  • the death of a person, or major injury to a person; or
  • serious harm to the environment; or
  • loss of a ship or the abandonment of a ship; or
  • material damage to a ship; or
  • the grounding of a ship or any collision, or a ship is disabled; or
  • material damage caused by, or in connection with the operation of a ship.

An occurrence classified as a casualty is the most serious type of event. Any major injury occurring to any person automatically classifies the event as a casualty and a major injury is defined as –

  • any fracture (other than to fingers or toes); or
  • any loss of a limb or part of a limb; or
  • dislocation of the shoulder, hip, knee or spine; or
  • loss of sight (temporary or permanent); or
  • penetrating eye injuries; or
  • other injuries leading to hypothermia or unconsciousness, requiring resuscitation, or admission to hospital or an offshore sick bay for more than 72 hours.

Reports of casualties are required to be sent to the Barbados Maritime Ship Registry as soon as possible by the quickest means available. In general the quickest means available will be in the form of an e-mail to ops@barbadosmaritime.com with any attachments giving the basic facts and sent as soon as possible, followed up by the sending in of the accident report form by the quickest means available as soon as it is completed.

“Material Damage”, like a major injury, automatically classifies the event as a casualty and material damage is defined as damage to the structure, equipment or fittings of the ship which;

  • requires immediate repair before the ship is able to continue in service, or
  • which involves a breach of the hull or cracking etc. which affects the ship’s structural integrity, or
  • which involves damage to machinery or other equipment which is safety equipment or which is essential to the operation of the ship and thus prevents the ship from operating as designed.

1.2 Accidents

These are defined as an event of less seriousness than a casualty and include;

  • falls overboard;
  • fires and explosions;
  • the collapsing or bursting of any pressure vessel, pipeline or valve or the accidental ignition of anything in a pipeline;
  • the collapse or failure of any lifting equipment, access equipment, hatchcover, staging or bosun’s chair or any associated load-bearing parts;
  • the uncontrolled release of any harmful substance or agent;
  • any collapse of cargo, unintentional movement of cargo sufficient to cause a list, or loss of cargo overboard;
  • snagging of fishing gear resulting in the vessel heeling to a dangerous angle.
  • any contact by a person with loose asbestos fibre without wearing the appropriate protective clothing.

Any of the above are classified as accidents, however if any of these actually result in a major injury then the classification is upgraded to casualty. Similarly, while a fire is classed as an accident, if it causes material damage to the ship, then (because material damage classifies the event as a casualty) the event is upgraded to a casualty.

Accidents are required to be reported to Barbados Maritime Ship Registry as soon a possible and by the
quickest means available.

1.3 Incidents

These are the least serious types of event and include all other events which do not classify as casualties or accidents and “incident” also includes “near misses” or events which could have led to accidents or casualties. Incidents are required to be reported to Barbados Maritime Ship Registry on the accident report form as soon as practicable.

2.0 Actions required

2.1 Owners and managers are asked to ensure that a copy of this information bulletin is readily available on board all registered vessels and that masters are aware of its contents and their responsibilities for reporting certain incidents on board.

2.2 Should there be any conflict between the contents of this information bulletin and the reporting
requirements contained in the safety management system or other internal documents and policies, companies are asked to make relevant amendments to those documents to ensure compatibility with this information bulletin.

The Accident/Incident Report Form 45 should be downloaded from the FORMS section on this website.

This information bulletin replaces No. 290 which has been withdrawn.

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Bulletin 316 Fuel Oil Sulphur Cap Rev.1.0

Fuel Oil Sulphur Cap

This Bulletin applies to all merchant ships on all voyages.

As you are aware, the IMO has agreed a global cap of 0.50% on sulphur content for fuels used on board, to be implemented on 1 January 2020. The global cap is a mandatory requirement and is applicable to all ships on all voyages, covering all fuel carried on board for consumption – this includes fuel used in emergency systems (emergency generator, lifeboats, rescue boat, etc.). Ships may be allowed to carry unconsumed fuel with sulphur content exceeding 0.50% for a period of two months, however consumption of such fuel beyond 1 January 2020 is not permitted. Ships having such fuel on board after 1 January 2020 must make plans to debunker the non-compliant fuel prior to 1 March 2020.

You should therefore plan for transition to compliant fuel oil on board your ships leading up to 1 January 2020, unless the ship is fitted with an approved equivalent under Regulation 4 of MARPOL Annex VI

The introduction of the marine fuel sulphur cap does not affect existing marine fuel sulphur content limitations for ships operating in Emission Control Areas as outlined in Regulation 14.2 of MARPOL Annex VI.

The Barbados Maritime Ship Registry (BMSR) therefore recommends that all companies operating Barbadian flagged ships allow plenty of time to prepare a detailed ship specific implementation plan – MEPC circular MEPC.1/Circ.878 contains guidance and an indicative example Ship Implementation Plan (SIP). The circular highlights the most commonly expected issues in relation to the sulphur cap but should not be seen as a comprehensive list of all potential difficulties that may be encountered on individual ships. The Recognised Organisation which issues the ship’s International Air Pollution Prevention Certificate should be contacted.

We further recommend that you make enquiries with your regular bunker suppliers and/or charterers who are responsible for bunker stemming now to ensure plans are in place for each ship to have guaranteed compliant fuel oil on board by the end of December 2019. If fuel oil for ship’s consumption is being provided by the charterers, it is recommended that consideration be given to the introduction of a fuel quality clause within the charter party agreement. The clause should stipulate the Company and charterers’ duties in respect of fuel oil procurement from outside sources, as well as outline the responsibilities of each party in respect of fuel oil supply, storage, preparation and handling to ensure that the fuel oil on board remains compliant, in case of any future disputes or potential sanctions by Port State Control. Where, despite all reasonable efforts, compliant fuel may not be received at the scheduled port of call, and no feasible alternative exists, the ship will be required to prepare and submit a Fuel Oil Non-Availability Report (FONAR) as indicated in Section 5 of IMO Resolution MEPC.320(74). An example format of a FONAR can be found at page 12 (of 19) here: https://www.mardep.gov.hk/en/msnote/pdf/msin1917anx1.pdf FONARs should be submitted to both the BMSR and the necessary authorities of the port of destination. In addition to submission of a FONAR, the BMSR recommends that the Master prepares a Letter of Protest addressed to the local authorities in the port where compliant fuel was not available.

Note that the submission of a FONAR does not exempt the ship from the requirement to consume compliant fuel oil. The FONAR provides documented background information to the authorities of the port of destination, as well as the BMSR, to determine whether any enforcement actions or penalties may be applicable in each individual case. Notwithstanding submission of a FONAR, the Company must try to obtain compliant fuel at the earliest opportunity. Follow-up actions when arranging the provision of compliant fuel oil following bunkering of non-compliant fuel under a FONAR should include assessment of necessity and practical arrangements to de-bunker any remaining non-compliant fuel at the first port where compliant fuel is available and specific preparations to ensure bunker tanks and fuel transfer, treatment and preparation systems are sufficiently cleaned and are suitable for compliant fuel without the risk of contamination by residues of noncompliant fuel. Such actions may include tank cleaning, system pipelines and equipment flushing or mechanical cleaning. FONARs and all related documents, including any applicable emails, are to be retained on board for at least 3 years following the date of submission.

It is the Company’s responsibility to conduct a timely assessment of the potential effect of continuous use of low-sulphur compliant fuel on the ship’s machinery and equipment. Where concerns exist, equipment manufacturers and Recognised Organisations should be consulted well in advance of the deadline in order to find a technical solution. Concerns about the safety of ship and machinery will not allow the ship to bunker and/or consume non-compliant fuel after 1 January 2020. The BMSR is unable to accept any requests for postponement, deviation from, or other methods of alternative compliance in respect of any ship unable to comply with Regulation 14.1.3, except those approved under the provisions of Regulation 4 of MARPOL Annex VI.

Enforcement of Regulation 14.1.3 of MARPOL Annex VI will run in parallel with enforcement of compliance with local and regional requirements relating to sulphur emissions.

In ports where the use of open loop scrubbers is not permitted, ships fitted with open loop scrubbers will be expected to consume compliant fuel.

New sample categories of “in-use sample” and “on-board sample” have been introduced to facilitate competent authorities of Parties to MARPOL to determine whether fuel oil used on board, or carried for use on board, meets the requirements of allowed sulphur content per Regulation 14.1.3 or 14.4. For this purpose, new sampling points are to be introduced on fuel systems of ships as outlined in IMO Circular MEPC.1/Circ.864/Rev.1. In-use and on-board samples will be analysed by an accredited laboratory on behalf of the competent authorities of the Party conducting the inspection and sampling. Results of sample tests will be used by the Party to establish whether a ship is consuming and/or carrying compliant fuel.

The IMO has also produced guidance for Port State Control on how non-compliant fuel oil should be addressed.

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Bulletin 314 : Fraudulent Email Activity & Letters of Authorisation Rev.1.0

Application: all ship-owners, operators, masters and officers of merchant ships and authorised classification societies

Please be aware that we are currently investigating recent attempts by fraudsters purporting to be from Barbados Maritime administration and sending out emails that appear to have been sent out by a senior officer of the administration. Our bank account details have NOT changed, and we urge all our clients and their personnel, if there is any doubt as to the authenticity of any communication purporting to be from the Barbados Maritime administration, to contact the Ships’ Registry if you receive any similar approach.

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Bulletin 313 : Annual Testing of Voyage Date Recorders Rev.1.0

GUIDELINES ON ANNUAL TESTING OF VOYAGE DATA RECORDERS (VDR) AND SIMPLIFIED
VOYAGE DATA RECORDERS (S-VDR)

Application: all ship-owners, operators, masters and officers of merchant ships and authorised classification societies.

The IMO has issued MSC.1/Circ.1222/Rev.1 – please be guided by the attached.

313: Annual Testing of VDRs & SVDRs

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Bulletin 311 : Security Levels – Gulf of Oman, Straits of Hormuz & Persian Gulf Rev.1.0

Application: all ship-owners, operators, masters and officers of merchant ships and authorised classification societies.

This Bulletin supersedes Bulletin 266 which is hereby cancelled.

However, in light of recent issues in the Straits of Hormuz, this Bulletin provides some additional guidance on security when navigating in the region of the Gulf of Oman, Straits of Hormuz and the Persian Gulf.

All ships in this area are permitted to implement additional security measures for the duration of their time in the region without increasing the security, unless this is required by the coastal states. The managers/owners should ensure a complete risk assessment is carried out prior to undertaking a voyage in the region. Therefore for Barbados flagged ship, the security level remains at level 1, at this time.

Any change to a higher security level, whether it be here or any other part of the world, is to be advised to the Registry.For other countries and sea areas be guided by the government of the country or sea area for setting higher security levels.

Gulf of Aden – all ships should register in advance with MSCHOA and report to UKMTO to obtain the latest information. Operators should also ensure that their ships are following the latest edition of the Best Management Practices available on their website.

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