IFSMA Policy Document IFSMA. Last printed 08/09/09 4:39 PM

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1 IFSMA Page 1 of 80

2 2009 POLICY DOCUMENT CONTENTS Chapter AN INTRODUCTION TO THE INTERNATIONAL FEDERATION OF SHIPMASTERS' ASSOCIATIONS (IFSMA)...5 Chapter INTRODUCTION to IFSMA POLICY DOCUMENT...8 Chapter IFSMA STRATEGIC PLAN...9 MISSION STATEMENT...9 AIMS AND OBJECTIVES...9 Chapter IFSMA s POLICIES...12 INTRODUCTION TO THIS CHAPTER...12 ROLE and OBLIGATIONS of the SHIPMASTER...12 MANAGEMENT AND THE ROLE OF THE HUMAN ELEMENT...14 International Safety Management Code (ISM-CODE)...14 The Role of the Human Element...15 A New Safety Culture in Shipping - Maritime Resource Management...18 FATIGUE...19 WATCHKEEPING, MANNING and SOLE LOOKOUT...22 Sole Lookout...23 CRIMINALISATION OF SEAFARERS...24 FAIR TREATMENT FOR SEAFARERS...25 MARITIME SECURITY and PIRACY...26 Security...26 Piracy And Armed Robbery Against Ships...26 Stowaways and Distressed persons rescued from the sea...28 Page 2 of 80

3 RECRUITMENT, EDUCATION AND CERTIFICATION...29 Recruitment...29 Education...30 Certification...31 COMMUNICATION AND LANGUAGE...32 PORT AND FLAG STATE CONTROL...33 Port State Control...33 LIFE SAVING APPLIANCES (LSA) Manning of Survival Craft and Supervision...35 Lifeboats...35 Liferafts...36 Fast Rescue Boats...36 Lifebelts and Lifejackets General Remarks...38 ENVIRONMENTAL ISSUES...38 TECHNICAL MATTERS and NEW TECHNOLOGIES...39 Bulk Carrier Losses...39 E-navigation and the Technical Harmonisation of Marine Equipment...40 VESSEL TRAFFIC MANAGEMENT SYSTEMS...44 FAIR TRADE and SOCIAL CONDITIONS for SEAFARERS...46 Chapter Recently developing Issues...48 Scope and Structure...48 Provisions of the MLC...49 Amendment Procedure...49 Flexibility...49 Tripartism...50 Jurisdiction and Control...50 The Code...50 Entry into Force...50 Compliance and enforcement...51 Ship Port Interface...51 The Use of Radar at Sea...52 Chapter Contacts and co-operation with Flag State Administrations and with other international organisations...53 IFSMA RESOLUTIONS IFSMA RES 1/2004 (AGA 30) Criminalisation of Shipmasters...63 Page 3 of 80

4 IFSMA RES 2/2004 (AGA 30) Ship Security Officers (ISPS Code)...63 IFSMA RES 3/2004 (AGA30) ISPS Code and Seafarer s Social Needs and Rights 64 IFSMA Res. 1/2005 (AGA 31) Guidelines for Coastal States in Cases of Emergencies Involving Vessels 64 IFSMA Res. 2/2005 (AGA 31) on Manning and Fatigue, IMO Resolution A.890 (A21) 64 IFSMA Res. 1/2006 (AGA 32) CRIMINALIZATION OF SEAFARERS...65 IFSMA Res. 2/2006 (AGA32) E-LEARNING IN MARITIME TRAINING AND EDUCATION 66 IFSMA Res. 3/2006 (AGA32) SHIPMASTERS IN THE FISHING INDUSTRY. 66 IFSMA Res. 4/2006 (AGA 32) MANNING AND FATIGUE CONCERNS IFSMA Res. 1/2007 (AGA 33) SAFETY OF PASSENGER VESSELS...67 IFSMA Res. 2/2007 (33) E-NAVIGATION...68 IFSMA Res. 3/2007 FAIRTRADE...68 IFSMA Res. 4/2007 (AGA33) ADMINISTRATIVE WORKLOAD ON SHIPMASTERS 69 IFSMA Res. 5/2007 (AGA33 ) SAFE OPERATION OF SHIPS...69 IFSMA Res. 1/2008 (AGA 34) SAFETY AT SEA...70 IFSMA Res. 2/2008 (AGA 34) PIRACY AND SECURITY...70 IFSMA Res. 3/2008 (AGA 34) CROWD AND CRISIS MANAGEMENT IFSMA Res. 4/2008 (AGA 34) IMPROVED MOORING ARRANGEMENTS IFSMA Res. 5/2008 (AGA 34) THE 1ST INTERNATIONAL SHIP-PORT- INTERFACE CONFERENCE (ISPIC 2008)...72 CONFERENCE RESOLUTION...73 THE 1ST INTERNATIONAL SHIP-PORT- INTERFACE CONFERENCE (ISPIC 2008),...73 IFSMA RES 1/2009 (AGA 35) ENCLOSED SPACES...78 IFSMA RES 2/2009 (AGA 35) E-NAVIGATION...79 IFSMA RES 3/2009 (AGA 35) REGULAR REVISIONS OF STCW...79 IFSMA RES 4/2009 (AGA 35) HOURS OF WORK AND REST...80 IFSMA RES 5/2009 (AGA 35) IMO VOTING PROCEDURES...80 IFSMA RES 6/2009 (AGA 35) MARITIME RESOURCE MANAGEMENT...80 Page 4 of 80

5 CHAPTER 1 AN INTRODUCTION TO THE INTERNATIONAL FEDERATION OF SHIPMASTERS' ASSOCIATIONS (IFSMA) IFSMA was formed in 1974 by Eight National Shipmasters' Associations to unite the World's serving Shipmasters into a single professional co-ordinated body. It is a non-profit making, apolitical organisation dedicated solely to the interests of the serving Shipmaster. Over 12,000 Shipmasters from over 60 Countries are affiliated to IFSMA, either through their National Associations or as Individual Members. IFSMA is a Federation established to uphold International Standards of Professional Competence for Seafarers commensurate with the need to ensure Safe Operational Practices, Preservation from Human Injury, Protection of the Marine Environment and Safety of Life and Property at Sea. IFSMA was granted Consultative Status at United Nations International Maritime Organization (IMO) in This Consultative Status as a Non-government Organisation (NGO) enables the Federation to represent the views and protect the interests of the serving Shipmaster unfettered and unfiltered either by National Governments or by Shipping Companies. In February 1993 IFSMA was placed on the International Labour Office s special list of Non- Governmental International Organisations. The PURPOSES of IFSMA therefore are: a) To further professional contact and communication between Shipmasters on a world-wide scale, b) To support and assist to the best of its ability the interests of the International Maritime Organization (IMO) and the International Labour Organization (ILO) in their endeavours to maintain and increase maritime safety, security and the prevention of pollution in the marine environment, c) To work with those International Organisations involved in regulating maritime safety and security, and other maritime matters regarding transportation by way of sea routes and in all other uses of the oceans and seas of the world, d) To further co-operation between Shipmasters and Shipowners and National Administrations, and to promote mutual interest in safety and security at sea and pollution prevention, Page 5 of 80

6 e) To further the establishment of International professional standards for Shipmasters and other ranks and recognised adequate manning scales, f) Continuously to strive to maintain the professional standards at a level commensurate with general technological and social change and progress. The above Purposes of IFSMA are stated in he Statutes as the Aims of IFSMA. They are the platform for our work, but still the Executive Council believes that we need more precise and specified aims and objectives for IFSMA as set out in this Chapter. It is also very important for all affiliates to know the IFSMA policy on different subjects, so we can all work in the same direction and bring pressure to bear upon national governments, shipowners and others when required. An organisation will never be better than the sum of its members for it is they, who have to live up to our motto, Unity for Safety at Sea (Captain Christer Lindvall) ********************** On the next page is a diagram of how the IMO Assembly, its Council, committees and subcommittees fit together. Page 6 of 80

7 Assembly Council MEPC Technical Committee Facilitation Committee Legal Committee MSC GESAMP SLF BLG FP FSI DE BLG FSI SLF FP DE NAV COMSAR STW DSC Bulk Liquids & Gases Flag State Implementation Stability, Load Line and Fishing Fire Protection Design and Equipment Navigation Comms and Search & Rescue Standards of Training & Watchkeeping Dangerous Goods, Solid Cargoes and Containers NAV COMSAR STW DSC Page 7 of 80

8 CHAPTER 2 INTRODUCTION to IFSMA POLICY DOCUMENT The purpose of this document is to clearly explain the policy of IFSMA to guide delegates who attend and represent IFSMA at conferences seminars, committee meetings, working groups, correspondence groups and drafting groups. IFSMA delegates participating in international meetings will normally consist of members of IFSMA Associations, the Secretariat and Individual Members who have been approved by the Executive Council. Furthermore the Executive Council considers that it is very desirable for IFSMA members to get together to discuss or plan a common strategy in accordance with the policies and the objectives of IFSMA, and that a list of approved potential representatives is established. Representatives from some of our affiliated Associations also attend many of the meetings but as a member of their national or other delegation. In this case they may link up and cooperate with the IFSMA delegation, but it has to be recognised that their national delegation s interest may conflict with IFSMA. On occasions there is a need for non-member representatives with up-to-date knowledge in view of the amount of technical discussions in support of IFSMA policy. These representatives must be approved by the Executive Council and will attend as advisors and shall not speak on behalf of IFSMA. Members wishing to participate at IMO-sessions should announce their intention to the IFSMA Secretariat well in advance of the meeting and the Secretariat will approve of the IFSMA team. Whenever possible arrangements will be made to have a co-ordination meeting for the IFSMA team to agree the strategy of participating in the Plenary, working groups and drafting groups. Page 8 of 80

9 CHAPTER 3 IFSMA STRATEGIC PLAN IFSMA is an international organisation of current and former Shipmasters on all types of ships and who are in possession of an internationally recognized Certificate of Competency, and organisations representing such Shipmasters. Shipmasters are those who are in possession of an internationally recognised Certificate of Competency, issued by the Government of an established maritime nation who are serving, or have previously served, in command of seagoing ships whether or not engaged upon International or Domestic Trade. MISSION STATEMENT IFSMA s mission is to be an independent and financially viable organisation dedicated to upholding International Standards of Professional Competence for Seafarers and to represent the views and professional interests of the serving Shipmaster. AIMS AND OBJECTIVES AIMS To represent in one professional body the Shipmasters of the world, to safeguard professional standards and interests in all maritime matters in order to enable Shipmasters to carry out their responsible duties in an acceptable and competent manner. To provide a high quality, cost effective service to Member Associations. To achieve effective and timely introduction of policy decisions To seek to ensure that policies and objectives determined by Members at the General Assembly and by the Executive Council are implemented. To extend IFSMA s influence and support and cooperate with other like-minded organisations, with a view to forging strategic links and expanding the influence of IFSMA. To recruit and retain Member Associations OBJECTIVES: In general: To maintain and enhance the high international standing of qualifications and training standards of Shipmasters. Page 9 of 80

10 Participate to the fullest extent in all relevant international and regional fora where issues affecting Shipmasters are discussed. Maintain the highest level of involvement with relevant agencies on maritime issues relevant to maintenance of the profession of Shipmasters. Provide assistance and support to Member Associations on professional matters. Provide a proactive input on all professional issues affecting Members. Provide Members with regular information on all activities conducted on their behalf with regular updating on developments. Communications Publish and distribute to Members a quarterly newsletter. Produce and distribute a wide range of leaflets, booklets, reports and other literature of interest to Members. Survey Members to obtain their views on specific topics. Constantly seek to improve the image of IFSMA with Members, external bodies and opinion formers. Proactively enhance the reputation of IFSMA as the premier source of information and informed comment on a wide range of maritime and related matters specific to Shipmasters. Maintain and enhance the IFSMA website. Initiate, develop and enhance IFSMA campaigns on issues of importance to Members. External Representation Represent Members at external bodies such as ILO, IMO, and EU to progress IFSMA policies and protect Members interests. Lobby international organisations and inter-governmental agencies to progress IFSMA policies and protect Members interests. Organise campaigns amongst the membership and/or the public and/or other groups, to progress IFSMA policies and protect Members interests. Page 10 of 80

11 Administration & Finances Ensure adequate numbers and quality of staff are employed and procedures put in place to maintain and provide an effective, efficient service to all Members, visitors and colleagues. Ensure Members' correspondence is answered expeditiously. Provide equipment, which will enable staff to produce work in an effective, efficient and professional manner to reflect the high standards of IFSMA. Ensure all staff are aware of their duties and responsibilities to Members, visitors and colleagues. Ensure that Health and Safety requirements are met and risk assessments (not restricted to Health and Safety issues) undertaken. Ensure the financial strength of IFSMA is maintained and great care exercised to ensure that the decisions on financial matters (e.g. levels of subscriptions) are taken sufficiently far in advance to ensure that the financial base is not eroded. Maintain sufficient reserves which should be recalculated annually and protected from inflation. Adequate financial resources should be made available for the timely replacement and upgrading of equipment, furniture and buildings. The effect of membership numbers both on the level of subscription income and on costs should be kept under close scrutiny. Seek to grow IFSMA through a proactive recruitment strategy aimed at maximising membership amongst Shipmaster Associations and expand the membership base. Page 11 of 80

12 CHAPTER 4 IFSMA s POLICIES INTRODUCTION TO THIS CHAPTER IFSMA s policies remain dynamic in the rapidly changing world with new technology and regulations requiring amendments and additions to the policy from year to year. However there are some specific fundamental policies which are as follows Role and obligations of shipmasters Human element Fatigue Watch keeping/manning and sole lookout Criminalisation of seafarers Fair treatment for seafarers Maritime Security and Piracy Recruitment, Retention, Certification and Training Communication and language Port and Flag state control Life Saving Appliances Environment Technical matters/new technologies including E-navigation Vessel traffic management systems Fair trade and social conditions of seafarers etc. ROLE AND OBLIGATIONS OF THE SHIPMASTER Commentary According to national and international legislation the Master has an overriding responsibility for the safe operation of the ship. This is an old, very well known fact based on common law. But in this day and age it is not so easy for him to fulfil his obligations in this respect, with so many new and different players in the maritime arena, e.g. shipowners, shipping companies, management companies, shipping operators, charterers, manning agents etc. Others who also have demands on the Master are the Flag State Administration, the Port States, the Classification Societies, the Insurance Companies, the P and I Clubs, the cargo owners, the stevedores, the crew etc. In this regard we have an increasing number of incidents and accidents where commercial pressure is being put upon the Master by one party or another, not to fulfil his responsibilities, not to mention the lack of protection and support from others. Page 12 of 80

13 Related Resolutions and Conventions IMO RESOLUTION A443(XI) and the provisions contained in Section 5 of the International Safety Management (ISM) Code, IMO Resolution A.741(18), concerning the Master's responsibility and authority. This Resolution states that decisions of the Shipmaster with regard to Maritime Safety and Marine Environment Protection invites Governments to take the necessary steps to safeguard the Shipmaster in the proper discharge of his responsibilities in regard to maritime safety and the protection of the marine environment by ensuring that: 1. the Shipmaster is not constrained by the shipowner, charterer or any other person from taking in this respect any decision which, in the professional judgement of the Shipmaster, is necessary; 2. the Shipmaster is protected by the appropriate provisions, including the right of appeal, contained in, inter alia, national legislation, collective agreements or contracts of employment, from unjustifiable dismissal or other unjustifiable action by the shipowner, charterer or any person as a consequence of the proper exercise of his professional judgement. The International Safety Management Code, Section 5 - Shipmasters' Responsibility and Authority, states that: "The Company should ensure that the Safety Management System (SMS) operating onboard the ship contains a clear statement emphasizing the Master's authority. The Company should establish in the SMS that the Master has the overriding authority and the responsibility to make decisions with respect to safety and pollution prevention and to request the Company's assistance as may be necessary." The SOLAS-Conference in November 1995 adopted the following new Regulation to SOLAS Chapter V, Safety of Navigation: "The Master shall not be constrained by the shipowner, charterer or any other person from taking any decision which, in the professional judgement of the Master is necessary for safe navigation, in particular in severe weather and heavy seas." Page 13 of 80

14 IFSMA POLICY IFSMA believes that every effort should be made to strengthen, support and increase both the status and the competencies of the Master. In this regard IFSMA and its members shall work towards the following objectives: That education for these new tasks are established in such areas as Economy, Management and Quality Assurance Systems in order to introduce and develop the new improved safety culture in the shipping industry and also human resource management including leadership skills, team competence and the Maritime Labour Convention; that the ISM Code, together with the Special References as to the Safeguards for the Shipmaster in the exercise of his Professional Judgement contained in Resolution A.443(XI) and the overriding Authority and Responsibility to make decisions contained in Resolution A.741(18); that National Governments will be strongly urged to implement as far as practicable the ISM Code for all PASSENGER SHIPS trading in their national waters and CARGO SHIPS entitled to fly their flags of 150 gross tonnage; that Shipboard Management and Quality Assurance systems will be implemented, where possible, in all Companies as a complement to the ISM- Code, that the new [SOLAS Chapter V, Regulation 10-1] and IMO RESOLUTION A443 (XI) will be improved and implemented nationally in such a way that it strengthens the position of the Shipmaster. MANAGEMENT AND THE ROLE OF THE HUMAN ELEMENT INTERNATIONAL SAFETY MANAGEMENT CODE (ISM-CODE) Commentary All the IMO Sub-Committees are required to take the human factor in ship operations into consideration when drafting new or reviewing instruments. Although Governments are responsible for ensuring that IMO standards are implemented, it is the Shipowners and the Managers who operate them who have the most direct and clearest responsibility for ensuring that they are seaworthy, structurally sound and operate in a safe manner. Page 14 of 80

15 In 1989 the IMO Assembly adopted Resolution A680(17) concerning shipboard and shore based management and this was the forerunner of the ISM Code. Further progress was made, such as Resolution A680(17) in 1991 when the requirements for a Designated Person Ashore was introduced. In 1993 the IMO Resolution A.741(18) was formally adopted and this constitutes verbatim the International Safety Management (ISM) Code. The Code requires a Safety Management System (SMS) to be established to ensure compliance with all mandatory regulations. The Company is then required to establish and implement a policy for achieving these objectives. This includes providing necessary resources and shore-based support. Every Company must "designate a person or persons ashore having direct access to the highest level of management". Originally IMO confined itself to regulating the technical side of the business. But after the disasters with Herald of Free Enterprise, the Scandinavian Star and the Estonia, matters such as management, operations, human behaviour and the human factor in maritime casualties have come more into focus in the work at IMO. Therefore, IMO Assembly has adopted (ISM-Code) on 4th November 1993 Resolution A741(18). The Code was later adopted by a SOLAS-Conference in May 1994 as a new Chapter IX in the 1974 SOLAS Convention. The Code establishes Safety Management Objectives which are: to provide for safe practices in ship operations and a safe working environment; to establish safeguards against all identified risks; to continuously improve safety management skills of personnel, including preparing for emergencies. THE ROLE OF THE HUMAN ELEMENT Most of the accidents and disasters occurring at sea are caused by human failure. The figure is reputed to be as high as 80 % - all of an operational nature. If one includes failures by other players in the responsibility chain such as designers, naval architects, inspectors, surveyors and company shore management we will end up close to 100%. According to James Reason, Professor of Psychology at the University of Manchester, wellknown to IMO, the ISM-Code acknowledges, that the human and organisational factors are implicated in nearly all maritime accidents, that accidents arise from a combination of: o errors and violations by ship-based personnel, Page 15 of 80

16 o management failures in shore-based organisations that mariners often are the inheritors rather than the instigators of accidents. In the opinion of IFSMA the International Safety Management Code (ISM-Code) is the platform and the very important tool needed for further development in the areas of operational issues and human behaviour. The IMO Joint MSC/MEPC Working Group on Human Element and Formal Safety Assessment are considering such matters as: Teamwork and Participation Relations between people onboard, taking into account religious, political, cultural and social background, mixed crew, language etc. Relations between personnel onboard and ashore, between employer and employee. Bridge Resource Management, Crew Resource Management, Crowd-and-Crisis Management Motivation, Working Environment, Working and Living Conditions onboard, Workload, Relief systems, Fatigue, Routine etc. IFSMA recognizes a significant amount of work in addressing the human element has been accomplished by the Organization, inter alia the adoption of SOLAS chapter IX and the ISM Code; the development of the Human Element Analysing Process (HEAP), the incorporation of Human Reliability Analysis (HRA) in the guidelines for Formal Safety Assessment (FSA) for use in the IMO rule making process; the approval of guidance on fatigue mitigation and management; and adoption of the Human Element Vision, Principles and Goals. Annexed to Resolution A850(20) IMO VISION to significantly enhance maritime safety and the quality of the marine environment by addressing human element issues to improve performance; IMO PRINCIPLES The human element is a complex multi-dimensional issue that affects maritime safety and marine environmental protection. It involves the entire spectrum of human activities performed by ships' crews, shore based management, regulatory bodies, recognized organizations, shipyards, legislators, and other relevant parties, all of whom need to cooperate to address human element issues effectively; (a) The Organization, when developing regulations, should honour the seafarer by seeking and respecting the opinions of those that do the work at sea; Page 16 of 80

17 (b) Effective remedial action following maritime casualties requires a sound understanding of human element involvement in accident causation. This is gained by a thorough investigation and systematic analysis of casualties for contributory factors and the causal chain of events; (c) In the process of developing regulations, it should be recognized that adequate safeguards must be in place to ensure that a "single person error" will not cause an accident through the application of these regulations; (d) Rules and regulations addressing the seafarers directly should be simple, clear and comprehensive; (e) Crew performance is a function of individual capabilities, management policies, cultural factors, experience, training, job skills, work environment and countless other factors; (f) Dissemination of information through effective communication is essential to sound management and operational decisions; and (g) Consideration of human element matters should aim at decreasing the possibility of human error as far as possible. IMO GOALS (a) to have in place a structured approach for the proper consideration of human element issues for use in the development of regulations and guidelines by all committees and subcommittees; (b) to conduct a comprehensive review of selected existing IMO instruments from the human element perspective; (c) to promote and communicate, through human element principles, a maritime safety culture and heightened marine environment awareness; (d) to provide a framework to encourage the development of non-regulatory solutions and their assessment based upon human element principles; (e) to have in place a system to discover and to disseminate to maritime interests studies, research and other relevant information on the human element, including findings from marine and non-marine incident investigations; and (f) to provide material to educate seafarers so as to increase their knowledge and awareness of the impact of human element issues on safe ship operations, to help them do the right thing. Page 17 of 80

18 A NEW SAFETY CULTURE IN SHIPPING - MARITIME RESOURCE MANAGEMENT IFSMA has been involved in assessing what are the most common causes of accidents. In general the following reasons are regularly given Communication errors Fatigue Sub-standard ships/equipment Crew training lacking in a high level of skills and competence Lack of Situation Awareness Weather Pilot error Stress Commercial pressure Attitudes and culture Information overload Lack of company safety culture The IFSMA aim, together with others, is to improve safety in areas of human behaviour. ALL INVOLVED IN THE SHIPPING INDUSTRY, from the designer of the ship to the deckhand or the mess boy onboard, must have a positive approach and new attitudes to safety at sea and pollution prevention. The Shipping Industry must introduce a new safety culture in the shipping industry. IFSMA should consider the following which is mainly an excerpt from "Developing a Safety Culture by the Confederation of British Industry in Leadership and commitment from the top which is genuine and visible ashore as well as onboard the ship. This is the most important feature. 2. Acceptance that this has high expectations and conveying a sense of optimism about what is possible, supported by adequate codes of practice and safety standards. 3. Health and safety should be treated as other corporate aims and objectives of the company and properly resourced. 4. Formal Safety Assessment (FSA) processes should be introduced in the companies as a means to an improved safety with co-operation and participation of the personnel onboard, However FSA should be used with caution not as a panacea. 5. Introduction of Failure Mode and Effect Analysis (FMEA) which is an examination of the ship's system and equipment to determine whether any responsible probable failure or improper operation can result in a hazardous or catastrophic effect. Page 18 of 80

19 6. It must be a line management responsibility. 7. "Ownership" of health and safety must permeate at all levels of the personnel ashore as well as onboard. This requires employee involvement, training and communication. 8. Realistic and achievable targets should be set and performance measured against them. 9. Incidents and accidents should be thoroughly investigated. 10. Consistency of behaviour against agreed standards should be achieved by auditing, and good behaviour should be a condition of employment. 11. Deficiencies revealed by an investigation or audit should be remedied immediately. 12. Good safety behaviour should be a condition of employment. 13. Management must receive adequate and up-to-date information to be able to assess performance. Related Resolutions and Conventions A.947 (23) Human element vision, principles and goals. Plus Annex IFSMA Res. 1/2007 (AGA 33) Safety of Passenger Vessels IFSMA Res. 5/2007 (AGA33 ) Safe Operation of Ships IFSMA Res. 1/2008 (AGA 34) Safety at Sea FATIGUE Commentary The question of fatigue as a factor in the manning and safety of ships was originally submitted by IFSMA to IMO in Because of its importance, IFSMA set up a special WG on the subject. It was also discussed at an llo/jct-meeting in 1990 and the question has been raised on a number of occasions subsequently. In the revised STCW-Convention there are new provisions regarding periods of rest. A joint ILO/IMO group of experts was established to draw up a uniform framework of procedures for the investigation of maritime accidents, which would identify whether fatigue was a contributory factor to such accidents. Page 19 of 80

20 Related Resolutions and Conventions The 18th Assembly has adopted IMO RESOLUTION A 772(18) on this subject, The most important and informative document used by IMO which provides state of the art Guidance on Fatigue Mitigation and Management is MSC/Circ.104 dated 12 June It draws attention to the following fatigue related documentation which merits careful study. PERTINENT IMO INSTRUMENTS RELATING TO FATIGUE CONVENTIONS and CODES i. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers,1978, as amended in 1995 (STCW Convention) ii. Seafarers' Training, Certification and Watchkeeping Code (STCW Code) iii. International Code of Safety for High Speed Craft (HSC Code) iv. The International Safety Management (ISM) Code IMO ASSEMBLY RESOLUTIONS i. A.481(XII) Principles of Safe Manning ii. A.772(18) Fatigue Factors in Manning and Safety iii. A.792(19) Safety Culture In and Around Passenger Ships iv. A.850(20) Human Element Vision, Principles and Goals for the Organization MARITIME SAFETY COMMITTEE (MSC) CIRCULARS i. MSC/Circ.493 Recommendation Related to the Fatigue Factor in Manning and Safety ii. MSC/Circ.565 Fatigue as a Contributory Factor in Maritime Accidents iii. MSC/Circ.566 Provisional Guidelines for Conducting Trials in which the Officer Of The Navigational Watch Acts as the Sole Look-Out in Periods of Darkness iv. MSC/Circ.621 Guidelines for the investigation of accidents where fatigue may have been a contributory factor. v. MSC/Circ.675 Recommendations on the Safe Transport of Dangerous Cargoes and Related Activities in Port Areas vi. MSC/Circ.747 Ship/Port Interface vii. MSC/Circ.813 List of human element common terms Page 20 of 80

21 viii. MSC/Circ.834 ix. MSC/Circ.982 Guidelines for Engine-Room Layout, Design and Arrangement Guidelines on Ergonomic Criteria for Bridge Equipment and Layout IFSMA RESOLUTIONS IFSMA Res. 2/2005 (AGA 31) IFSMA Res. 4/2006 (AGA 32) IFSMA Res. 4/.2007 (AGA33) on Manning and Fatigue, IMO Resolution A.890 (A21) Manning and Fatigue Concerns Administrative Workload on Shipmasters IFSMA POLICY The IFSMA policy is: to actively participate in the work of ILO and IMO, where the fatigue factor is an item which might, or could, be considered, that Members should inform IFSMA if they become aware of any instances where fatigue has been identified as a possible causative factor in any maritime accident or casualty. To take issue of fatigue into account when developing implementing and improving Safety Management Systems under the ISM Code. Page 21 of 80

22 WATCHKEEPING, MANNING AND SOLE LOOKOUT Commentary Watch-keeping and Manning is mainly dealt with in IMO by the Sub-Committee on Standards of Training and Watch-keeping (STW) and the Sub-Committee on Safety of Navigation (NAV). The safe manning of a ship means that the Crew shall include sufficient Officers and ratings with the appropriate Qualifications, Skills and Experience to ensure the safety and security of the ship, crew, passengers, cargo and property and for the protection of the marine environment. It must be recognised that the ability of Seafarers to maintain observance of these requirements is dependent upon their continued efficiency through conditions relating to training, hours of work and rest, occupational safety, health and hygiene and the proper provision of food. Qualified Personnel should be sufficient to meet peak workload situations and conditions. It is the Officer in charge of the Navigational Watch who is in effective control of the ship and must exercise General Surveillance over the ship. This surveillance will include, for example, the security of the vessel, the investigation of evidence of fire and unusual noises, securing of cargo, general safety of crew working aloft or in exposed locations, the general watertight integrity of the ship and prompt action in the event of a man overboard. In the assessment for the Safe Manning of a Ship account is taken of the requirements for Navigational and Engine Room Watch-keeping, Mooring and Unmooring, Watertight closing arrangements and the deployment of a competent damage control party, Operation of fire equipment and life saving appliances, Evacuation, mustering and disembarkation of passengers (see also the provisions regarding Ro-Ro passenger ships in the revised STCW- Convention) Specialised (industrial) personnel, Operation and maintenance of main propulsion and auxiliary machinery, General surveillance of the ship for the maintenance of safe conditions, and the provision of medical care onboard ship. Regulations about this subject are found in the standards of Training, Certification and Watchkeeping (STCW) Convention 1978 as amended including the Code, and in the IMO RESOLUTION A890 (21), Principles on Safe Manning, where it is stated inter alia. Page 22 of 80

23 except in ships of limited size, the provision of qualified deck officers to ensure that it is not necessary for the Master to keep regular watches, by adopting a three watch system. The IMO leaves the question of safe manning levels "to the satisfaction of the administration". The Safe Manning Document required by SOLAS 1974 has little or nothing to do with the numbers of crew required to run the ship as a commercial enterprise. It merely states the minimum number of crew required to take the ship from one port to another and be able to operate the ship's safety equipment should the occasion arise. It takes for granted that the crew who sail in the ship will be in a good state of health, rested and free from fatigue. It does not even begin to consider the in-port workload or the intensity of the trade in which the ship finds itself. Yet many owners/operators hold up this piece of paper and claim that their ship is adequately manned. IFSMA is also concerned that the additional responsibilities and the workload placed on the Shipmaster and officers to comply with the requirements of the ISPS Code implemented in 2004 has added an additional workload with no resulting change by any administration in their safe manning requirements to take these factors into account. In the opinion of IFSMA the entire personnel in all passenger ships and Ro-Ro vessels required for the safety and security and emergency plans shall be included in the Minimum Safe Manning Certificate. IFSMA is further of the opinion that IMO should initiate a work programme to establish a Safe Manning Code, so there will be a minimum level worldwide and the manning levels will not be used as a means to compete and lead to decreased safety. There will unfortunately still be a competition around the crew cost level. SOLE LOOKOUT IFSMA is against the practice of the officer of the watch acting as a sole lookout at night. SOLAS Convention IFSMA Res. 5/2007 (AGA33) Safe Operation of Ships IFSMA POLICY The IFSMA policy is: that the Master shall not participate in the regular watch-system, if there are two navigating officers or more in addition to the Master on board; Page 23 of 80

24 that all personnel required to fulfil the safety - and the emergency plans - should be included in the Safe Manning certificate; that the Safe Manning Document should take into account the commercial aspects of the Maritime Venture particularly where these relate to the need for officers to hold additional endorsements such as Dangerous Cargo, ISPS Code and so on and it should also recognise the in-port workload and the intensity of the Trade in which the ship is engaged; that there must be a minimum of three qualified deck officers. CRIMINALISATION OF SEAFARERS Commentary Towards the end of the 20 th century there began a trend to criminalise Shipmasters and seafarers in general for accidents and incidents that occurred due to circumstances beyond their control. The increased criminalisation in shipping is due to changes in the national legislations where even negligence can lead to severe punishment and tougher sentences. As you are aware of the regulations in MARPOL regarding oil spills and fines should only be limited to fines and compensatory claims. Today with the changed national legislations there is also a possibility for a jail sentence. For example, a new European Directive criminalises pollution caused unintentionally. It uses a vague concept of serious negligence, outside of European law, and fails to safeguard the rights of seafarers caught up in incidents of marine pollution. An industry coalition has presented a legal challenge to the validity of the EU Directive on Ship Source Pollution. The outcome of this judgment was ambiguous and it is likely the decision will come if and when a case is laid under English Laws in the Supreme Court of the United Kingdom. (Note: The final appeal hearings and judgments of the House of Lords took place on 30 July From 1 October 2009, the Supreme Court assumes jurisdiction on points of law for all civil law cases in the UK and all criminal cases in England and Wales and Northern Ireland.) So over the last ten years following the Erica case, IFSMA has been actively trying to raise awareness of the trend in criminalising seafarers, and in particular Shipmasters. As explained in the next section there has been some success with the introduction of the Guide Fair treatment of a seafarer in the event of a maritime accident. The problem here are the words in the event of a maritime accident as this is restrictive, highlighted by the case of the Coral Sea. The treatment of the Master of the Coral Sea demonstrates another view of criminalisation. There was no accident involved but a discovery amongst the cargo after it had been discharged that wrapped pallets contained drugs. Whilst the Master was found innocent on Page 24 of 80

25 appeal and freed the first judge had convicted the Master simply because he was the Shipmaster and therefore took overall responsibility Criminalisation can lead to a prolonged investigation period, where seafarers can be held for a considerable time, and be unjustly treated. It is the view of IFSMA that professional sanction should be used rather than criminalisation. IFSMA POLICY IFSMA is to continue to use all diplomatic means to encourage Administrations to abide by the principles set out in the ILO/IMO Guidelines on fair treatment for seafarers and recognise that unjust criminalisation must be addressed on an international level. IFSMA s long term policy is to encourage the development of a new convention (or part of an existing convention) that will expand the guidelines for the Fair Treatment of a seafarer in the event of a maritime accident. FAIR TREATMENT FOR SEAFARERS Commentary Following the cases of the Erica and the Prestige. IFSMA raised the concern of the Shipmaster through the IMO which resulted in a joint working group of IMO and ILO. From this working group Guidelines on the Fair Treatment of Seafarers in the event of a Marine Accident were prepared. Sadly since these guidelines have been circulated, there is still a growing trend to criminalise seafarers, such as the case of the Hebei Spirit in South Korea in Related Resolutions and Conventions A.997 (24) Guidelines on the Fair Treatment of Seafarers in the Event of a Marine Accident IFSMA Res (AGA 30) Criminalisation of Shipmasters IFSMA Res. 1/2006 (AGA 32) Criminalisation of Seafarers IFSMA POLICY IFSMA is fully aware that the sovereign laws of each Administration have power over international convention, but will continue to use all diplomatic means to encourage Administrations to abide by the principles set out in the ILO/IMO Guidelines on fair treatment for seafarers. Furthermore, IFSMA s long term policy is to encourage the principles set out in the guidelines to become a convention (or part of an existing convention) Page 25 of 80

26 MARITIME SECURITY AND PIRACY SECURITY The tragic events that occurred on September 11 th 2001 have prompted IMO s member states to focus on the security of ships at sea. Some states may regard ships as being a potential danger to their own national security. This unfortunately diverts attention from the real threat to ships, Shipmasters and seafarers as they go about their lawful business. However, many states are considering improvements to ship security and IFSMA must support this wherever possible. PIRACY AND ARMED ROBBERY AGAINST SHIPS For some years we have seen an increasing number of piracy and robbery attacks on ships at sea, especially in the Malacca Straits, West Africa and more recently the Horn of Africa. IFSMA s main concern is that the seafarers must be protected and be able to sail on the seas without any fear. IFSMA is fully aware of these situations and we are also very grateful for all the efforts which have been done so far by different countries, intergovernmental and other organisations within and outside the shipping industry. With regard to Somalia the area that has to be protected is huge like three North Sea it has been said. The pirates can return freely to Somalia and also bring the ships with the hostages still onboard without any risks to be caught by the Somalian government or authorities. Something has to be done to install a Somalian government which can establish law and order in the country. A lot has already been done recently and it is hard to keep up with all the developments but IFSMA is very pleased that the IMO Council decided on 16 th October 2008 to emphasise the subjects to be brought forward to the UN: - The possibilities to take captured pirates to court - To establish rules of engagement for participating naval units - The assistance to ships should be regardless of flag of the ship and nationality of the crew to the benefit of all ships and seafarers. The UN Security Council adopted a resolution on November 20, 2008 that was proposed by the UK to introduce tougher sanctions against Somalia over the country's failure to prevent a surge in sea piracy. The US circulated the draft resolution that called upon countries having naval capacities to deploy vessels and aircrafts to defend ships against piracy in the region. The resolution also welcomed the initiatives of the European Union, NATO and other countries to counter piracy off the coast of Somalia. US Alternate Representative for Security Page 26 of 80

27 Council Affairs said that the draft resolution "calls on the Secretary-General to look at a longterm solution to escorting the safe passage of World Food Programme ships." The International Conference on Piracy around Somalia was convened in Nairobi at a ministerial level on 11 th December 2008 and made declarations on key points in the region. IFSMA is standing behind this declaration and wholeheartedly supports it. IFSMA is pleased that on December 17th, 2008, the UN Security Council unanimously adopted a tougher resolution, allowing for the first time international land and sea occupations in the pursuit of pirates. IFSMA believes that this together with measures that should be taken onboard in line with IMO guidelines will have an effect. The preventive measures that IFSMA recommends are: Shipmasters must be kept updated on the piracy situation of the area of trading and they should maintain clear communications with appropriate naval defence vessels. In piracy infested areas, to be vigilant and maintain a 24-hour watch. The ship security plan should also focus on piracy risks and clearly state crew responses, radio procedures and reporting procedures. Set up an emergency area on board possibly with separate communications into which the crew could retreat if attackers board the ship. The Shipmaster must remain legally permitted to switch off AIS and Long Range Tracking devices if the threat of its use assists pirates to locate and target the ship. Provide strongest possible lighting, over side, bow and stern area but be careful not to interfere with safe navigation rules at steam. Use search light to probe for suspect crafts using guidance of radar. Seal off means of access to ship. Access doors, holds and storages should be locked when not in use. Keep water hoses ready for use and fire main pressurised. Delay anchoring by slow steaming or longer routing. Use of anti-piracy detection and boarding systems and non-lethal crowd dispersion technologies. Introduce a convoy system for the slow, low manning, most vulnerable ships with low decks and also with safe assembly points. Equip ships with long range acoustic device (LRAD) and ensure the users of these devices are properly trained in their use. If this cannot stop the piracy activities, we must recommend the shipowners to sail south of Africa and also urge the seafarers to consider refusing to sail on ships entering the high-risks zones. IFSMA strongly opposes the idea of arming the ships either with weapons for seafarers to use or having an armed force on board. Page 27 of 80

28 IFSMA hopes that all these efforts from all parties will take and have effect on the piracy activities in this area as well as in other areas, so that seafarers can do their important job without any threats to their lives or property. There are a number of drives to get international support and IFSMA supports these wholeheartedly. IFSMA members are requested to put more pressure on their national governments in this matter. STOWAWAYS AND DISTRESSED PERSONS RESCUED FROM THE SEA The International Convention of Measures against Stowaways was drafted at Brussels on 10th October 1957 and has been ratified by seven countries which is insufficient for it to enter into force. The convention defines a stowaway as follows: A Stowaway means a person who, at any port or place in the vicinity thereof, secretes himself in a ship without consent of the shipowner or the Master or any other person in charge of the ship and who is on board after the ship has left that port or place. However, it does not differentiate between a stowaway and an illegal immigrant who has been hidden aboard - possibly in a container - by a third party. The IMO Facilitation Committee (FAL) at its twenty-third session (October 1994), recalling the existence of the International Convention Relating to Stowaways which has not entered into force and noting the concern expressed on the increasing problem of stowaways, considered a proposal for Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases and agreed to develop a FAL Circular on the Guidelines for adoption at its twenty-fourth session and an associated draft Assembly Resolution thereon for adoption by the twentieth Assembly. Related Resolutions and Conventions Resolution A.773 (18) on enhancement of safety at sea by the prevention and suppression of unsafe practices associated with alien smuggling by ships; ResolutionA.871 (20) on guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases; Resolution A 867 (20) on Combating unsafe practices associated with the trafficking or transport of migrants by sea; MSC/Circ 896/Rev 1 on Interim measures for combating unsafe practices associated with the trafficking or transport of migrants by sea; and Resolution A.920 (22) on review of Safety Measures and Procedures for the treatment of persons rescued at sea. Resolution A.979 (24) Piracy and armed robbery against ships off the coast of Somalia Resolution A.1002 (25) Piracy and armed robbery against ships off the coast of Somalia Page 28 of 80

29 IFSMA Res (AGA 30) Ship Security Officers (ISPS Code) IFSMA Res (AGA30) ISPS Code and Seafarer s Social Needs and Rights IFSMA Res. 2/2008 (AGA 34) Piracy and Security The IFSMA policy is: that IMO should support any positive moves to prevent Piracy and armed robbery at sea, and work with other organisations to achieve this, that if port states at which the stowaway, or illegal immigrant, disembarks wish to investigate his status, e.g. whether he claims to be a refugee or to be seeking political asylum, the costs incurred during such an investigation should be accepted by the authority which has permitted him to remain in the country instead of allowing the shipowners to repatriate him on arrival at the port. RECRUITMENT, EDUCATION AND CERTIFICATION RECRUITMENT It is internationally recognised that there is a growing shortage of competent ship s officers and this is a major concern for all stakeholders in the maritime industry. All parties in the maritime industry anticipate a forthcoming shortage of qualified officers. A number of research studies have supported the fact that there will be a large and growing gap between the demand for and supply of officers and ratings which will be difficult to meet unless training capacity is greatly increased. If it is not, there will be a temptation for those needing crews to be less discriminating about the training and certification standards of those they employ. If nothing radical is done to rectify the situation, the industry is going to end up with a huge problem on its hands. This could result in personnel with inferior qualifications as short cuts in education are resorted to (compare it with the use of naval officers). This is of very great concern to IFSMA, because it is a certain threat to safety at sea and pollution prevention. There is also a lack of competent and qualified ratings. Therefore it is important to look into the practice on board ships. Many countries have integrated the on board training with the school system. BIMCO and others have produced a number of varying research statistics that anticipate an increasing shortage of seafarers in the future. At the opening speech of the STW Subcommittee in February 2009, the IMO Secretary General stated that it was expected that there would be a shortage of over 80,000 seafarers by Whether or not this includes an allowance for the economic downturn is uncertain, but it is certain that there will be a shortage of competent officers for many years to come. Page 29 of 80