Casualty and incident reporting
Relevant documents and M-notices: MGN 564, Masters Guide to the UK Flag, The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012, UK Government website
SOLAS Chapter I Regulation 21 requires that:
Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the present Convention when it judges that such an investigation may assist in determining what changes in the present Regulations might be desirable.
Why do we investigate accidents? From the MS (Accident Reporting and Investigation) Regulations 2012, Regulation 5:
The sole objective of a safety investigation into an accident under these Regulations shall be the prevention of future accidents through the ascertainment of its causes and circumstances.
The Marine Accident and Investigation Branch (MAIB) is an independent branch of the UK Governments Department for Transport. They investigate accidents in order to prevent accidents from happening again.
The Maritime and Coastguard Agency (MCA), if they investigate, must do their own investigation (and, potentially, prosecution) and cannot use the MAIB report for this; Regulation 14 states that MAIB reports are inadmissible in proceedings unless stated otherwise by a judge. MAIB reports do not apportion blame and do not establish liability.
In order to investigate, the government must first know of any casualties occurring on its ships. This is where the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 come in.
Application
These regulations apply to all accidents involving or occurring onboard a UK ship, or a non-UK ship while in UK waters, or any ship where the Chief Investigator considers the UK to be a Substantially Interested State.
What is an accident?
An accident is an event, or sequence of events that has occurred directly by or in connection with the operation of a ship, and has resulted in the following:
A marine casualty:
the death of, or serious injury to, a person
the loss of a person from a ship
the loss, presumed loss or abandonment of a ship
material damage to a ship
the stranding or disabling of a ship, or the involvement of a ship in a collision
material damage to marine infrastructure external of a ship, that could seriously endanger the safety of the ship, another ship or any individual
pollution, or the potential for such pollution to the environment
A serious marine casualty must have resulted in immobilization of the main engines, extensive accommodation damage, severe structural damage, pollution or a breakdown that necessitates towage or shore assistance, due to:
fire
explosion
collision
grounding
contact
heavy weather damage
ice damage, or a suspected hull defect
A very serious marine casualty:
the total loss of a ship
loss of life
severe pollution
A marine incident. This is ‘an event or sequences of events other than those listed (above) which has occurred directly in connection with the operation of a ship that endangered, or if not corrected would endanger, the safety of a ship, its occupants or any other person or the environment’. For example:
Close-quarters situations where urgent action was required to avoid collision.
Any event that had the potential to result in a serious injury.
A fire that did not result in material damage.
An unintended temporary grounding on soft mud, where there was no risk of stranding or material damage.
A person overboard who was recovered without serious injury. o Snagging of fishing gear resulting in a dangerous heel.
Who has a duty to report?
The master, or the senior surviving officer if the master has not survived
The owner, if they’re not certain that the master or senior surviving officer has made a report.
They should notify the Chief Inspector by the quickest means possible. Generally this means calling the MAIB reporting line, then filling in and sending the accident reporting form. Reporting must not be delayed
If the accident happened in or near a harbour, they should also inform the harbour authority. If the accident happened in UK waters they should inform an official of the MCA.
Duty to preserve evidence
Following a reportable accident, the reporting persons shall ensure that the following are kept and not altered:
charts
log books
recorded information relating to the period preceding, during and after an accident, including VDR recordings and CCTV footage
all documents or other records which might reasonably be considered pertinent
They should be kept until informed by the Chief Investigator that a safety investigation will not take place, or for 30 days.
Non accident-related reporting obligations under SOLAS, MARPOL etc.
There are various other reporting obligations laid on the master. These will be covered in other articles, linked here once published.
MCAQs
What is the role of the MAIB?
Do you have to let an MAIB inspector onboard?
Who has a duty to report an accident?
What kinds of accident are there?
How long do you need to keep evidence following a report of an accident?