Memorandum of Understanding on Maritime Accident Investigation: Proposal

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A decision made on 8 March 2011:

Decision Reference: MD-S-2011-0013

Decision Summary Title :

Proposals for a Memorandum of Understanding on Maritime Accident Investigation

Date of Decision Summary:

Decision Summary Author:

Director of Health and Safety

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Proposals for a Memorandum of Understanding on Maritime Accident Investigation

Date of Written Report:

Written Report Author:

Director of Health and Safety

Written Report :

Public or Exempt?

Public

Subject:

Proposals for a Memorandum of Understanding on Maritime Accident Investigation

Decision(s):

The Minister agreed to sign the Memorandum of Understanding on Maritime Accident Investigation between Policy and Regulation, Economic Development Department and the Health and Safety Inspectorate, Social Security Department.

Reason(s) for Decision:

The decision by the Minister to support the Memorandum of Understanding provides for a simple framework for dialogue between the Maritime Compliance Manager and the Health and Safety Inspectorate in respect of the investigation of maritime accidents.

Resource Implications:

There are no implications for the financial or manpower resources of the States.

Action required:

The Director of Health and Safety to arrange with the Maritime Compliance Manager for the Memorandum of Understanding to be signed.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Memorandum of Understanding on Maritime Accident Investigation: Proposal

proposals for a memorandum of understanding on maritime accident investigation

1. Summary

An investigation carried out by the Health and Safety Inspectorate into the circumstances of an accident which occurred on a ship at sea, identified an overlap between legislation administered by the Maritime Compliance Manager, Policy and Regulation, Economic Development Department and the Health and Safety Inspectorate.

A memorandum of understanding, which is included in the Appendix to this report, has therefore been drawn up with the aim of ensuring a consistent approach to achieving standards of protection for all persons at work, and providing a framework for deciding which Department should take the lead in any investigation.

The Minister is requested to review and agree to sign the Memorandum of Understanding (MoU).

2. Application of Jersey legislation to vessels at sea

The Health and Safety at Work (Jersey) Law, 1989, and legislation enacted under that Law, applies to working activities carried out on ships within Jersey waters. The focus of health and safety legislation is aimed at ensuring the health and safety at work of both persons at work, and others who may be affected by working activities.

The Shipping (Jersey) Law, 2002, and legislation enacted under that Law, applies to Jersey ships worldwide, as well as shipping in Jersey waters. Whilst the focus of shipping legislation is on the avoidance of collisions, ship design and construction, qualifications and requirements of the crew, ship survey requirements, tonnage and load line measurements, pollution prevention, legal compensation and access to international fund schemes, the Law does provide for the investigation of accidents on board Jersey ships or ships within Jersey waters.

There is therefore an overlap between health and safety legislation and shipping legislation where accidents, involving persons at work, occur on ships operating within Jersey waters. The MoU therefore sets out arrangements between the Maritime Compliance Manager and the Health and Safety Inspectorate for the investigation of such accidents.

3. Memorandum of Understanding

The MoU explains the application of Jersey legislation to Jersey ships and ships operating within Jersey waters. It goes on to set out the arrangements for the reporting of accidents and liaison between the Maritime Compliance Manager and the Director of Health and Safety.

The wording of the MoU does not detract from the powers of the Inspectorate to investigate accidents under the health and safety at work legislation, nor does it detract from the powers of the Minister for Economic Development to investigate under the Shipping Law. However, it does provide a simple framework to ensure that an appropriate dialogue takes place when both the Maritime Compliance Manager and the Health and Safety Inspectorate have an interest in the circumstances in which an accident has occurred.

4. Recommendation

It is recommended that the Minister agrees to sign the Memorandum of Understanding on Maritime Accident Investigation,

Colin Myers

25th February 2011

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