Business & Law Flashcards
What is IMO?
Maritime branch of the United Nations
Their motto is “Safe, secure and efficient shipping on clean oceans.”
And from those few words comes every regulation and standard that we have to follow in the commercial shipping world.
Their main weapon to do this is through a convention.
The definition of a convention would be an internationally agreed set of minimum standards and regulation. Not law but purely like an agreement between nations for minimum standards
The big conventions they have are SOLAS, STCW & MARPOL. There are some other ones like IRPCS, Load line convention, Search- and rescue convention.
How does the IMO conventions get implemented into British law?
The Merchant Shipping Act 1995 as amended. MCA works the executive branch for the Department of Transport that oversee the Merchant Shipping Act.
Health & safety work Act 1974 covers everyone that is working, but the 2010 Merchant Seafarers regulations is specific for us seafarers, it is amendment to the 1997 regulations .
The acts of parliament are primary legislation.
Statutory Instruments allow the Secretary of State to make regulations of Safety of Shipping. Statutory Instruments are law, but they only cover a smaller aspect of the law. They are a quicker way of getting things done rather then getting a whole new act of parliament.
They are sequential every year just like for all laws in the UK.
What is COSWP?
Code of safe working practices
Created by the MCA
It is not law, but guidance. It would be foolish not to follow however as it refers to the Health & Safety Work Act.
It is a good template for the company to use for their SMS when it comes to Health & Safety
It outlines regulations, best practices and safety management advice on board ships, as well as it outlines legal duties and gives practical advice of safe work on board.
Some of the contents of COSWP are;
Safety Induction
Living onboard
Noise
Permit to work
Entering enclosed spaces
Work at height
Hot work
Anchoring & Mooring
What is the LYC?
Large Yacht Code
Created by the Red Ensign Group
Part A - Yachts over 24m carrying up to 12 passengers
Part B - Carrying more than 12 passengers but no more than 36
Ensuring standards are met on yachts
Implements all relevant conventions and international legislation to yachts.
Some of the contents of the LYC are;
Construction
Stability
Steering gear
Fire safety
Life Saving Appliances
Water freeing arrangements
Radio
MGN 280? (Small Commercial Vessel Code)
For commercial vessels in the UK up to 24m carrying no more than 12 passengers that are UK flagged or have UK as a home port
Created by the MCA
To ensure standards are being met as per national regulations instead of conventions.
Content is similar to the LYC
MCA?
Executive maritime branch of the Department of Transport.
Act as a flag state for UK vessels
Act as a port state for foreign vessels entering the UK
Overall responsible for everyone in British waters, British seafarers and British vessels.
They got the UK Search- & Rescue plan
They have the UK Oil Spill Response plan
They have spotter planes looking for breaches of MARPOL (pumping out where they shouldn’t)
They do a lot of safety campaigns
They do the shipping forecast for the met office
MAIB?
They are not part of the MCA however they work together.
They are fact finders
They want who, what, when, where, why on all accidents and near-misses in British waters or on a British vessel.
They produce a report on what happened with a recommendation and analysis to send out to the general industry for free so that we can learn from others mistake to enhance safety.
What does a flag state do?
Ensure standards on a ship are being met during build process and throughout its life.
With class they will conduct regular inspection regarding the human element, such as MLC, ISM, ISPS.
They will issue licenses and examine seafarers to ensure they are up to standard.
Audit training centres
They will give protection from which flag you are flying
What does a port state do?
They have the right to board and inspect any vessel that enters their waters up to convention standards.
In order to stop vessels being over-inspected, they have memorandums of understandings that they will share on a central database, the information of all the port state inspections they do.
We belong to the Paris MOU, like rest of Europe & Canada.
How do you get ready for a port state inspection?
We should always be ready
We would get things out to help them, log books, certificate files etc but the vessel will be ready for inspection at any time.
Health and Safety acts and SI;s?
Health & Safety at Work Act 1974 - For everyone
SI Health & Safety at Work 1997 - (M+F)
SI Health & Safety at Work 2010 - (M+F)
Search and Rescue Convention?
Aims to provide an international framework for SAR at sea so that any vessel or aircraft that gets in distress, it will get picked up and there will be plans in place to then formulate a rescue plan.
It is where are our IAMSAR Manuals comes from.
IRPCS?
International Regulations for the Prevention of Collision at Sea
Load line convention?
Applies to commercial vessels over 150GT
It aims to stop overloading so that we always have enough freeboard therefore enough reserve buoyancy.
STCW?
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers
Gives us the standards of all ranks at sea of all vessels, including what need to be done for their licences and classes of licences they can have.
Chapter 8 Watchkeeping is particularly of interest because that is where the minimum standards of watchkeeping begins. It is also where our resting hours are covered.