Crew Size and Maritime Safety (1990) / Chapter Skim
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5. Legal and Regulatory Issues
5. Legal and Regulatory Issues
Pages 74-84
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From page 74... ...
An ideal international framework for determining safe manning would include (1) a universally accepted statement of principles setting forth functional manning requirements, and (2)
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From page 75... ...
Aboard merchant ships, current manning statutes as interpreted by federal courts set no upper limit on the hours a crew member may work. · Requirements for training and qualification of airline flight crews are far more strict and standardized than those applied to ship's officers.
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From page 76... ...
; they forbid members of the deck and engine departments to cross departmental lines in their work; and they fail to effectively limit crew members' hours of wore These provisions of the law, in their rigidity and specificity, leave little room for innovation, and discourage the adoption of new technology or more efficient manning practices. Furthermore, they place Coast Guard safety regulators in the awkward position of trying to accommodate new technology while adhering to the letter of manning laws that did not anticipate that technology.
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From page 77... ...
It would be far more efficient to provide explicit protection against overwork and fatigue by authorizing regulatory limitations on hours of work, leaving other work rules to be determined by labor-management negotiation within the framework of a more rational regulatory regime. Key Provisions of the Manning Statutes Watch-standing Requirements The division of deck and engine personnel into watches has been mandated by statute since 1915.
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From page 78... ...
Courts have held that the existence of a collective bargaining agreement specifying overtime standards makes overtime work within those standards voluntary. Thus, there is no effective limit on the hours a crew member may work.
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From page 79... ...
International Agreements Affecting Manning International Maritime Organization International agreements regarding seagoing vessels are negotiated generally through the International Maritime Organization (IMO) , a specialized agency of the United Nations.
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From page 80... ...
and its operating agreement, both of which entered into force in 1979, established an organization and operational procedures to improve maritime communications, thereby facilitating communications affecting the safety of life at sea, the efficiency of ship management, maritime public correspondence services, and radiotermination capabilities. · The International Convention on Standards of Raining, Certification and Watchkeeping for Seafarers (STCW)
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From page 81... ...
The INMARSAT convention potentially affects manning by opening the way for dependable and convenient maritime satellite communications. Since INMARSAT terminals are more easily operated and considered more reliable than conventional radio sets, their introduction has led to calls for the elimination of radio officers on suitably equipped vessels.
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From page 82... ...
Port State Control of Foreign-Flag Manning Practices Port states have attempted to correct violations of international agreements by vessels visiting their waters through port state control provisions of international conventions. This practice of "port state control" of foreignflag vessels includes enforcement measures regarding unsafe manning practices.
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From page 83... ...
The development of consistent manning criteria by flag states and consistent enforcement authority by port states requires a universally accepted analytical method for assessing safe manning. The IMO is the appropriate forum for resolving this matter.
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From page 84... ...
Anchorage: Alaska Oil Spill Commission. January.
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