Legal Framework: The legal framework is broken down into international and UK national components   

 

International Legal Framework:   

 

International Maritime Organization (IMO):   

• The Casualty Investigation Code (IMO Resolution MSC.255(84)) provides the international standards for marine casualty investigations.   
• The SOLAS Convention, specifically Chapter XI-1, incorporates parts of the Casualty Investigation Code, making them mandatory for signatory states.  

 

UNCLOS (United Nations Convention on the Law of the Sea):   

• Article 94 of UNCLOS mandates that flag states conduct inquiries into marine casualties involving their ships on the high seas, establishing a legal obligation for investigation.   

 

International Labour Organization (ILO):   

• MLC 2006 (Maritime Labour Convention) includes provisions for investigating serious marine casualties, addressing the labor-related aspects of safety.   

 

UK National Legal Framework

 

Marine Accident Investigation Branch (MAIB):   

• The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 provide the specific UK legal framework for marine accident investigations.   

 

Health and Safety Executive (HSE):   

• HSE guidelines are applicable to investigating workplace accidents, including those occurring on ships, ensuring alignment with broader safety practices.   

 

Marine Casualties and Accidents: Definitions and Classifications

  

‘Marine Casualty’: Defined as an event or sequence of events resulting in:   

• The death of, or serious injury to, a person.   
• The loss of a person from a ship.   
• The loss, presumed loss, or abandonment of a ship.   
• Material damage to a ship.   
• The stranding or disabling of a ship, or the involvement of a ship in a collision.   
• Material damage to marine infrastructure external to a ship, that could seriously endanger the safety of the ship, another ship, or an individual.   
• Severe damage to the environment.   

 

‘Marine Accident’: Encompasses any marine casualty, including very serious, serious, and less serious marine casualties, as well as marine incidents.   

 

‘Very Serious Casualty’: Specifically, a marine casualty involving: 

• The total loss of the ship.   
• A death.   
• Severe damage to the environment.   

 

‘Serious Casualty’: A casualty that does not meet the criteria of a very serious casualty and involves:   

• A fire, explosion, grounding, contact, heavy weather damage, ice damage, hull cracking, or suspected hull defect.   

Resulting in:

• Structural damage rendering the ship unseaworthy, such as penetration of the hull underwater, immobilization of main engines, or extensive accommodation damage.   
• Pollution, regardless of quantity.   
• A breakdown necessitating towage or shore assistance.   

 

‘Less Serious Casualty’:   

• Casualties to ships that do not qualify as very serious or serious casualties.   
• Includes marine incidents, hazardous incidents, and near misses, to record useful safety-related information.   

 

‘Marine Incident’:   

• An occurrence or event caused by, or connected with, the operations of a ship.   
• Where the ship or any person is imperiled, or which might cause serious damage to the ship, structure, or the environment.   

 

‘Serious Injury’:   

• An injury sustained by a person in a casualty.   
• Resulting in incapacitation for more than 72 hours, commencing within seven days from the date of injury.   

 

Understanding Serious Injury

 

This section details the criteria and implications of serious injuries:   

 

• Criteria for classifying an injury as serious:   
  • Incapacitation for more than 72 hours.   
  • Fracture (other than fingers, toes, or nose).   
  • Severe hemorrhage, nerve, muscle, or tendon damage.   
  • Second or third-degree burns or burns affecting more than 5% of the body surface.   
• Reporting obligations for serious injuries, emphasizing the legal duties to report such incidents.   
• Impact on crew and vessel operations, considering the operational disruptions and crew welfare implications.

   

Severe Pollution Incidents

 

This section defines severe pollution and outlines response protocols:   

 

• Definition of "Severe Pollution" in a maritime context:   
  • Pollution that, as evaluated by the coastal State(s) affected or the flag Administration, produces a major deleterious effect on the environment.   
  • Or which would have produced such an effect without preventive action.  
• Types of severe pollution:   
  • Oil spills.   
  • Chemical spills.   
  • Hazardous and noxious substances (HNS) releases.   
• Criteria for classifying pollution as severe, establishing the threshold for "severe."   
• Immediate actions required in case of severe pollution, detailing the emergency response.   
• Long-term environmental and legal consequences, addressing the extended impact and liabilities.   

 

Key Stakeholders

 

List of primary stakeholders:   

• Flag State Administration: The nation under whose flag the ship is registered.   
• Coastal State: The nation in whose territorial waters the incident occurs.   
• Ship owner/operator: The company or individual responsible for the vessel.   
• Classification Society: Organizations that certify the ship's seaworthiness.   
• Insurance companies: Providers of coverage for the ship and its operations.   
• Port State Control: Authorities that inspect foreign ships in national ports.   
• International Maritime Organization (IMO): The UN agency responsible for maritime safety and security.   

• Responsibilities of each stakeholder in the reporting process, detailing their specific duties.   
• Importance of timely communication between stakeholders, stressing the need for efficient information exchange.   

 

Maritime Accident Reporting: Requirements and Criteria

 

This section outlines the rules and standards for reporting:   

• Time frame for initial notification (e.g., "as soon as practicable"), setting the urgency for reporting.   
• Information required in the initial report:   
  • Vessel name and IMO number: Unique identifiers for the ship.   
  • Date and time of the incident: Crucial for chronology.   
  • Position of the vessel: Location of the incident.   
  • Nature of the incident: Type of accident or casualty.   
  • Number of persons injured or missing: Human impact assessment.   
  • Extent of damage to the vessel or environment: Severity of the consequences.   
• Mandatory reporting vs. voluntary reporting: Legal obligations vs. discretionary reporting.   
• Consequences of failing to report: Legal and administrative penalties.   

 

Marine Accident Investigation Branch (MAIB)

 

This section details the UK's investigation authority:   

• Overview of MAIB:   
  • Purpose and jurisdiction: Investigating marine accidents in UK waters or involving UK-registered vessels worldwide.   
  • Independence from regulatory bodies: Ensuring impartial investigations.   
• MAIB's investigation process:   
  • Notification and initial assessment: Receiving and evaluating the first reports.   
  • Evidence gathering: Collecting physical, documentary, and testimonial evidence.   
  • Analysis: Examining the evidence to determine the causes.   
  • Report publication: Disseminating findings and recommendations.    
• Types of accidents investigated by MAIB: Range of incidents under their purview.   
• MAIB's role in improving maritime safety: Preventing future accidents through recommendations.   

 

Incident Terminology

 

This section defines key terms to ensure clarity and precision:   

• Definitions of important terms:   
  • Near miss: A sequence of events and/or conditions that could have resulted in loss.   
  • Hazardous incident: A dangerous situation or condition that is not discovered until after the danger has passed.   
  • Collision: An accident involving two or more vessels.   
  • Grounding: Unintentional impact of a ship on the seabed or waterway side.   
  • Foundering: Sinking of a ship due to water ingress.   
  • Fire: Rapid oxidation of a material in the exothermic chemical process of combustion, releasing heat, light, and various reaction products.   
  • Explosion: Sudden and violent release of energy causing a rapid increase in volume and release of gases, often accompanied by high temperatures and pressure waves.