The Port Marine Safety Code a Harbour Masters Perspective!

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1 The Port Marine Safety Code a Harbour Masters Perspective! A PRESENTATION FOR THE PIANC PORT OPERATIONS SEMINAR, LONDON, 25 TH NOVEMBER 2016 CAPTAIN KEVIN RICHARDSON PRESIDENT INTERNATIONAL HARBOUR MASTERS ASSOCIATION (IHMA)

2 The Port Marine Safety Code.a Harbour Masters Perspective! Themes for this presentation: About IHMA What is the PMSC and where did it come from? Harbour Masters Powers, the legal perspective Some key relationships Marine Safety Management Systems and the H/Ms role Summary

3 The Port Marine Safety Code..a Harbour Masters Perspective! What is the International Harbour Masters Association? An international association of Professional Harbour Masters Global representation over 200 members in 40 countries Not for profit organisation Non Government Consultative status at IMO Works closely with other maritime organisations (IMPA;IALA;NI;BIMCO;PIANC) on specific projects of mutual interest ( e.g. ports of refuge; ship and port equipment)

4 The Port Marine Safety Code..a Harbour Masters What skills and knowledge do our members have? Most have specific marine qualifications and experience Many have been port customers in a previous career They manage risk every day They are the custodians of a ports Safety Management System (SMS) Through IHMA they have access to a network of global H/M contacts Their business is managing port safety They are a key manager in the ports management structure Their performance is directly linked to a ports performance

5 The Port Marine Safety Code a Harbour Masters In summary; The Harbour Master is the leading marine professional in a port and is responsible for the ports marine safety management system. He/she is risk averse and expert in managing marine risks The H/M is also increasingly commercially aware and instrumental in ensuring a port operates efficiently but above all safely

6 The Port Marine Safety Code..a Harbour Masters perspective What is the PMSC and where did it come from? It is a voluntary code introduced in 2002 The 2016 edition has just been published It was conceived in the wake of the Sea Empress disaster in 1996 Sea Empress was a fully loaded tanker carrying 130,000 tonnes of crude oil which foundered on rocks entering Milford Haven Port.

7 The Port Marine Safety Code.a Harbour Masters perspective.and this it what it looked like at the time!

8 The Port Marine Safety Code a Harbour Masters Not just an environmental disaster! 72,000 tonnes of heavy crude oil were spilled around the beaches of South Wales The clean up operation took up to 5 year and cost millions (estimated at 60M) The reputation of the port suffered in the full glare of publicity The costs of claims ran into millions and severely affected the ports finances The subsequent inquiry found fault with many aspects of port marine operations including pilotage raining and command and control

9 The port Marine Safety Code.a Harbour Masters perspective The inquiry was conducted by Lord Donaldson Amongst the many conclusions there emerged some clear themes There were communications problems There were training deficiencies Hazards and risks were not clearly identified properly or reviewed regularly There were Command and control deficiencies There were problems with emergency response.and this situation could be applied to many of the UK s major ports! Clearly something had to be done!

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11 The Port Marine Safety Code.a Harbour Masters perspective Over the next 4 years, lead by the Dept. of Transport and in consultation with all facets of the marine industry ( including the UKHMA and the UKMPA ) the Port Marine Safety Code emerged First published in 2000 All Statutory Harbour Authorities expected to comply The Code was accompanied by a Guide to Good Practice Although voluntary.code is regulated by MCA Compliance statements are required every 3 years

12 Port Marine Safety Code..a Harbour Masters The code addresses the following 10 key points: The Duty Holder must be clearly identified has collective and individual responsibility for implementation and cannot delegate that responsibility! The Designated Person: A suitably competent and independent person with direct access to the Duty Holder with responsibility for auditing compliance and reporting progress to the Duty Holder Legislation: A port is required to review the legislation under which it operates

13 The Port Marine Safety Code..a Harbour Masters perspective Duties and powers: A port must review its duties and powers and seek additional powers if necessary Risk Assessments: A port must identify all hazards and risk assess them and apply controls to reduce risk to ALARP A port must develop and maintain a Marine Safety Management System to cover every facet of Marine Operations The MSMS must be reviewed and audited regularly The port must employ appropriately qualified and competent people in key roles ( e.g. H/M s, Pilots, VTS Officers etc.)

14 The Port Marine Safety Code.a Harbour Masters The Port must produce and publish a Marine Safety plan and measure its performance against this plan The port must review it s aids to navigation ( buoy s, lights, beacons, marks ) in line with The General Lighthouse Authorities requirements and send in appropriate returns The foregoing ten points set out in the PMSC may not ALL be applicable to all ports.but recommends as a minimum that ports are fully aware of their Duties and Powers; Carry out Risk Assessments for Marine activities and operate a MSMS!

15 The Port Marine Safety Code a Harbour Masters perspective The MSMS lies at the heart of any PMSC. It is the system that defines safe marine operations It identifies hazards that apply in a particular port It risk assesses those hazards It establishes controls to eliminate or minimise risks It identifies how and who is responsible for doing so It introduces planning and review cycles.and guess who is responsible for its day to day management?

16 The Port Marine Safety Code.a Harbour Masters The Harbour Master!

17 The Port Marine Safety Code...a Harbour Masters The PMSC defines the role of Harbour Master: The harbour master has day to day responsibility for the safe operation of navigation and other marine activities in the harbour and its approaches. The post holder must be competent and a suitably qualified person, with sufficient experience for the role. They must also be competent to undertake other relevant duties, in relation to Health and Safety at Work and Merchant Shipping Legislation

18 The Port Marine Safety Code.a Harbour Masters The Harbour Masters Powers: In the UK the H/Ms powers are defined in various legislation and documents: The Harbours, Docks, Piers and Clauses Act contains several references to the role and powers of the H/M: Clause 52 The harbour master may give directions for all or any of the following purposes For regulating the time at which and manner in which any vessel shall enter into, go out of, or lie in or at the harbour, dock, pier and within the prescribed limit, if any, and its position, mooring or unmooring, placing and removing whilst therein;

19 The Port Marine Safety Code...a Harbour Masters The Marine Navigation Act 2013 created a new power for ports to make Harbour Directions H.D.P&C Act talks about Special Directions PMSC defines the difference between General Directions & Special Directions All are available to the H/M for managing safety.but not all ports have the power to make General Directions hence the new power to apply to make Harbour Directions General/Harbour Directions are made by the port authority and enforced by the H/M Special Directions can be made and enforced by the H/M but are specific to vessels and are short term

20 The Port Marine Safety Code.a Harbour Masters Ports may have their own individual Harbour/Port Act which also define the powers of, role and responsibilities of the H/M: In the UK examples would include: Dover Harbour Act 1963 Belfast Harbour Act Internationally: Maritime Transport Act (New Zealand) Port Authorities Act (Australia)

21 The Port Marine Safety Code.a Harbour Masters perspective Bye-laws In the UK most are hopelessly out of date Penalties are equally ancient and arcane The time taken to make new ones is measured in years Most ports prefer to make General or Harbour Directions as this is quicker and easier Government recommend going the GD route if the port has the powers available and has made it easier for ports to apply for power to make Harbour Directions

22 The Port Marine Safety Code a Harbour Masters Key relationships: Duty Holder Designated Person Harbour Master

23 The Port Marine Safety Code a Harbour Masters Perspective! Duty Holder: The port body whose members are individually and collectively responsible for compliance with the code & their performance in ensuring safe operations in the harbour & approaches Designated Person: The appointed DP must be appropriately qualified and have direct access to the Duty Holder to provide independent assurance about the operation of the MSMS Harbour Master: The port s marine operations professional. Must be appropriately qualified & is responsible for the day to day operation and maintenance of the MSMS

24 The Port Marine Safety Code..a Harbour Masters Accidents continue to happen in ports! Some of them are serious and result in loss of life No port is completely 100% guaranteed safe! but does that mean ports are inherently unsafe?

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28 The Port Marine Safety Code..a Harbour Masters All ports are different All ports contain hazards All hazards have associated risks How well the risks associated with hazards are managed in a particular port has a direct bearing on that ports safety Who is the person responsible for identifying the hazards and managing the associated risks to an acceptable (ALARP) level? The Harbour Master!

29 The Port Marine Safety Code..a Harbour Masters The UK Port Marine Safety Code. A summary: A code of practice.not law! Probably the most important code in terms of port safety Arose from the ashes of the Sea Empress disaster in Milford Haven Introduced in 2000 all Statutory Port Authorities should comply Introduced the concept of a Safety Management System(SMS) containing Hazid; Marine Risk Assessment ; defined powers; competent persons; Ports required to submit a statement of compliance to MCA every 3 years MCA is the enforcement authority

30 The Port Marine Safety Code.a Harbour Masters The Safety Management System is the key to a safe port Identify the hazards and the risks they pose Review current controls Decide if current controls reduce the risk to an acceptable level If not.do something about it..if OK keep it under review Learn from incidents whether or not they occur in your port Employ competent people in key safety roles Have the SMS independently audited The above PMSC model is a pretty good template for all ports globally

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32 The Port Marine Safety Code..a Harbour Masters Thank you for your attention. Questions?