CASUALTY INVESTIGATION CODE

THIS CODE AIMS TO PROVIDE A COMMON APPROACH TO THE STATES TO CARRY OUT MARINE CASUALTY INVESTIGATION. ITS PURPOSE IS NOT TO ASCERTAIN BLAME ON ANY INDIVIDUAL BUT TO FIND THE CAUSE OF THE CASUALTY AND TO HELP IN DETERMINING STEPS THAT SHOULD BE TAKEN TO ELIMINATE THESE CAUSES AND REDUCE CASUALTIES IN FUTURE.

BUT IT SHOULD NOT MAKE ANY OTHER INVESTIGATION IMPOSSIBLE TO HAPPEN. THE FLAG STATE SHOULD, IF IT THINKS THAT THE INVESTIGATION WILL HELP IN REDUCING THE CASUALTY IN FUTURE CAN UNDERTAKE ANY INVESTIGATION OF MARINE CASUALTY CAN UNDERTAKE INVESTIGATION BY A QUALIFIED PERSON.

IN CASE THE CASUALTY HAPPEN IN A COASTAL STATES TERRITORIAL WATERS THEN THAT STATE CAN UNDERTAKE THE INVESTIGATION AND REPORT IT TO THE FLAG STATE.

 

MARINE CASUALTY:-

IT MEANS AN INCIDENT OR A SEQUENCE OF EVENTS WHICH MAY LEAD TO THE FOLLOWING INCIDENCE WHICH ARE IN DIRECT CONNECTIONS WITH THE OPERATION OF SHIP:

  1. DEATH OR INJURY TO PERSON ONBOARD THE SHIP.
  2. LOSS OF PERSON FROM SHIP
  3. LOSS OR ABONDONMENT OF SHIP
  4. MATERIAL DAMAGE TO SHIP
  5. COLLISION
  6. DAMAGE TO ENVIRONMENT
  7. DAMAGE TO MARINE INFRASTRUCTURE EXTERNAL TO SHIP

EXCLUDING ANY DELIBERATE ACT THAT CAUSE ANY OF THE FOLLOWING.

MARINE INCIDENT :-

IT MEANS AN INCIDENT OR A SERIES OF EVENT OTHER THAN MARINE CASUALTY WHICH ARE IN DIRECT CONNECTION WITH THE OPERATION OF SHIP THAT ENDANGERED OR WILL ENDANGER IF NOT CORRECTED WILL SAFETY OF THE SHIP OR ITS PERSON OR ENVIRONMENT EXCLUDING ANY DELIBERATE ACT.

MARINE SAFETY INVESTIGATION REPORT :-

  1. SUMMARY OF BASIC FACTS OF THE MARINE CASUALTY AND MARINE INCIDENT.
  2. NAME OF THE FLAG, OWNER, R/O ETC.
  3. DESCRIPTION OF CREW, WORKING HOURS, TIME ELAPSED ON SHIP.
  4. NARRATIVE OF CIRCUMSTANCES OF INCIDENT.
  5. ANALYSIS AND COMMENTS ON THE FACTORS LIKE HUMAN, MECHANICAL ETC.
  6. DISCUSSION ON FINDINGS OF INVESTIGATION WITH SAFETY ISSUES AND CONCLUSION.
  7. ANY RECOMMENDATION IN VIEW TO AVOID FUTURE INCIDENTS.

 

SERIOUS INJURY :-

IT MEANS AN INJURY SUSTAINED BY THE PERSON, RESULTING IN INCAPACITATION WHERE THE PERSON IS NOT ABLE TO FUNCTION NORMALLY FOR MORE THAN 72 HOURS, COMMENCING WITHIN 7 DAYS FROM THE DATE THE INJURY HAS OCCURRED.

 

VERY SERIOUS MARINE CASUALTY:-

IT MEANS A MARINE CASUALTY WHICH LEAD TO TOTAL LOSS OF SHIP OR DEATH OR SERIOUS DAMAGE TO ENVIRONMENT.

 

MARINE SAFETY INVESTIGATION PRACTICES :-

  1. ADMINISTRATIVE RESPONSIBILITY:- THE STATE SHOULD ENSURE THAT MARINE SAFETY INVESTIGATION AUTHORITY HAS ALL POSSIBLE RESOURCES AND FINANCES TO CARRY OUT INVESTIGATION. A QUALIFIED PERSONNEL SHOULD BE HEADING THE INVESTIGATION.
  2. MARINE SAFETY INVESTIGATION SHOULD BE UNBIASED TO ENSURE FREE FLOW OF INFORMATION AND THE INVESTIGATOR SHOULD BE FREE FROM INTERFERENCE FROM PARTIES W.R.T GATHERING INFORMATION , ANALYSIS OF FACTS AND DETERMINING THE CASUAL FACTORS OF INCIDENT AND GENERATING CONCLUSIONS AND GIVING RECOMMENDATIONS.
  3. IF DURING THE INVESTIGATION IT BECOME KNOWN THAT AN UNLAWFUL ACT HAS BEEN DONE THEN THE INVESTIGATOR SHOULD SEEK TO ENSURE THAT THE MARITIME SECURITY AUTHORITY OF THE STATE HAS BEEN INFORMED.
  4. WHEN INVESTIGATION IS COMMENCED THEN THE SHIPS MASTER/OWNER/AGENT IS INFORMED AS SOON AS POSSIBLE OF THE MARINE INCIDENT UNDER INVESTIGATION AND WHEN AND WHERE THE INCIDENT WILL COMMENCE AND THE AUTHORITY CONDUCTING THE INVESTIGATION, THE LEGISLATION UNDER WHICH THE INVESTIGATION IS CONDUCTED, THE RIGHTS AND OBLIGATION OF SHIP AND STATE.
  5. COORDINATING INVESTIGATION:-
  6. A) INTERVIEW WITNESS                                                                                                            B) VIEW AND EXAMINE EVIDENCE AND MAKE COPY OF DOCUMENTS                          C) MAKE SUBMISSIONS IN RESPECT OF EVIDENCE                                                              D)MAKE FINAL REPORT
  7. EVIDENCE ARE COLLECTED BY VOYAGE DATA RECORDER OR OTHER DOCUMENTED EVIDENCES
  8. MARINE SAFETY INVESTIGATION REPORT IS A CONFIDENTIAL DOCUMENTS AND SHOULD NOT BE DISCLOSED.
  9. WITNESS TO BE GIVEN PROTECTION IF REQUIRED.

FINAL REPORT IS CREATED AND SUBMITTED TO THE RELEVANT AUTHORITY

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