Master Code of Conduct Flashcards
Code of Conduct for the Merchant Navy
Seafarers are often required to spend both their working and leisure hours in the confined environment of a ship with the same individuals. This can make seafarers more susceptible to the stresses of everyday life than those working ashore. In this environment, the need for discipline and good behaviour is particularly important.
2. This document sets out disciplinary rules, reflecting the standards of behaviour generally to be expected of all seafarers. Observing the Code and the disciplinary rules within it will make seafaring a better and more rewarding job for all those involved and will help to secure the safety of everybody aboard. Disciplinary procedures should not be viewed primarily as a means of imposing sanctions – they are designed to emphasise and encourage improvements in individual conduct. Rules drawn up by shipping companies and Masters’ Standing Orders relating to conduct should not conflict with the disciplinary rules in the Code.
Define gross misconduct
Gross misconduct
Acts of gross misconduct may, if appropriate in the circumstances and established to the satisfaction of the Master, lead to dismissal from the ship either immediately or at the end of the voyage and to dismissal from employment. This is separate from any other legal or disciplinary action which may be called for.
Disciplinary hearing
At the hearing the seafarer may:
a. be accompanied at the hearing by a work colleague, or trade union official if available
b. callrelevantwitnesses
c. question witnesses on their evidence
d. makeanystatementorcommentson
the evidence, in response to the alleged breach the appropriate penalty if the breach of discipline is substantiated.
At any hearing the seafarer will be invited to say whether or not s/he admits
the alleged breach of discipline.
a. If s/he admits it, the hearing will move immediately to consideration of penalty.
b. If s/he does not admit it, the hearing will consider relevant evidence including any presented by the seafarer.
In exceptional circumstances, it may be appropriate to conduct the hearing ashore.
Create good answer to a breach of conduct
Breaches of a lesser degree of seriousness may be dealt with by:
a) an informal warning administered at an appropriate level
b) a formal warning by an Officer
c) a written warning by a senior Officer
d) a final written warning by a senior Officer or the Master.
Code of Conduct for the Merchant Navy
a) Punctuality is very important both for the efficient operation of the ship and to avoid putting extra work on others. This is true of joining the vessel at the time appointed, returning from shore leave, reporting for watch-keeping duty and all other work. Absence at the time of sailing, in particular, may seriously delay the ship or even prevent her sailing until a replacement is found.
b) Duties. Every seafarer should carry out their duties efficiently to the best of their ability. Seafarers have a right to be told clearly what their duties are and to whom they are responsible for carrying them out; if in doubt, they should ask. Seafarers must also obey reasonable commands and instructions.
c) Treatment of accommodation. The ship is both a seafarer’s place of work and home. Therefore both personal and shared facilities and accommodation should be used appropriately with consideration for others.
d) Behaviour towards others. A person’s anti-social behaviour can be a nuisance to others on board. In extreme circumstances, it can also place the ship and the crew at risk of danger. Such behaviour includes but is not limited to excessive noise, abusive language, harassment, bullying, aggressive attitudes and offensive personal habits. Seafarers should also be considerate towards those who need to sleep whilst others are awake.
e) Compliance with company rules and procedures. Any person on board a ship must abide by the applicable company-specific rules and procedures. These include but are not limited to rules and procedures relating to alcohol, smoking, drugs, offensive weapons, unauthorised persons or possessions or cargo, the environment, health or safety, harassment or bullying, criminal or fraudulent activity and IT systems.
Gross misconduct list
i) assault (including threatening behaviour)
ii) wilful damage to the ship or any property on board
iii) theft (including attempted theft) or possession of stolen property
iv) possession of offensive weapons
v) persistent or wilful failure to perform duty
vi) unlawful possession or distribution of drugs
vii) conduct endangering the ship, persons or cargo on board, or the
marine environment
viii) combination with others at sea to impede the progress of the voyage or
navigation of the ship
ix) disobedience of a lawful order
x) to be asleep on duty or fail to remain on duty, if such conduct would
prejudice the safety of the ship, persons or cargo on board, or the
marine environment
xi) breach of company rules and procedures relating to alcohol, drugs or
smoking.
xii) failure to report to work without satisfactory reason or absence from
place of duty or from the ship without leave
xiii) interference with the work of others
xiv) behaviour which seriously detracts from the safe and/or efficient
working of the ship
xv) conduct of a sexual nature, or other conduct based on sex affecting the
dignity of women and men which is unwanted, unreasonable or
offensive to the recipient
xvi) behaviour which seriously detracts from the social well-being of any
other person on board, including but not limited to bullying,
harassment, intimidation and coercion
xvii) causing or permitting unauthorised cargo, possessions or persons to
be on board the ship or in parts of the ship where prohibited
xviii) smuggling of any nature or breach of Customs’ regulations, including
but not limited to contraband, stowaways or refugees
xix) demanding and/or receiving any commission or any other favour or
benefit from any passenger, customer or supplier (excluding only unsolicited tips given by passengers for service provided, to the extent permissible under company rules)
xx) deliberate misuse of a harbour pass or personal identity card.
xxi) commission of a breach of a lesser degree listed in Paragraph 9 after
warnings have been given in accordance with the procedures in Paragraph 8
Fred’s naughty crew members sequence
Incident:
-Deal with immediate danger (relieve drunken OOW/ break up fight and treat injuries etc.)
-Investigate:
Speak with witnesses, get CCTV, chat with the persons involved.
-Invite:
Formal record (in OLB) letter to those involved letting them know of the breach and details of the hearing and their rights.
-Hearing:
Witnessed and recorded hearing;
* Confirm they know their right to be accompanied.
* Confirm the charges involved.
* Ask them to confirm or deny.
-If accepted/confirmed:
- ask if there are any mitigating circumstances
- use of SMS/SEA code of conduct and practical/fair judgement (did they endanger life or cause embarrassment to the vessel?)
-decide on fate and inform them in writing with a copy to the OLB
-If deny or wish to fight:
* Witness statements, evidence.
* Conclude if charges stand.
* Mitigation.
* Code of conduct/fair judgement.
* Decision and written confirmation.
