Australian Maritime Safety Authority

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1 Australian Maritime Safety Authority About the Australian Maritime Safety Authority The Australian Maritime Safety Authority (AMSA) is a statutory authority established under the Australian Maritime Safety Authority Act 1990 (the AMSA Act). AMSA s principal functions are: promoting maritime safety and protection of the marine environment preventing and combating ship-sourced pollution in the marine environment providing infrastructure to support safety of navigation in Australian waters providing a national search and rescue service to the maritime and aviation sectors. Enabling legislation AMSA operates under the AMSA Act and as a Corporate Commonwealth Entity is also subject to the Public Governance, Performance and Accountability Act 2013.

2 Navigation Act 2012 Navigation Act 2012 The Navigation Act is Commonwealth legislation containing the substantive powers for Australia to regulate international ship and seafarer safety, shipping aspects of protecting the marine environment and the actions of seafarers in Australian waters. It also gives effect to the relevant international conventions relating to maritime issues to which Australia is a signatory. The Act also has subordinate legislation contained in Regulations and Marine Orders. The Australian Maritime Safety Authority (AMSA) has the authority and responsibility for the operational activities under the Act. These include: vessel survey and certification, construction standards, crewing, seafarers qualifications and welfare, occupational health and safety, carriage and handling of cargoes, passengers, marine pollution prevention, monitoring and enforcement activities.

3 Navigation Act 2012 The objects of the Act are: to promote safety of life at sea; and To promote safe navigation; and To prevent pollution of the marine environment; and To ensure the AMSA has the necessary power to carry out inspections of vessels and to enforce national and international standards

4 International Conventions International Conventions implemented by the Act The Navigation Act ensures compliance with Australia s obligations the following instruments, which have been developed by the International Maritime Organization, the International Labour Organization and United Nations Conferences: International Convention for Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Maritime Labour Convention (MLC) International Convention on Load Lines (Load Lines) International Convention for the Safety of Life at Sea (SOLAS), Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) International Convention for Safe Containers (CSC) International Convention on Tonnage Measurement of Ships International Convention for the Prevention of Pollution from Ships (MARPOL) Convention of Limitation of Liability for Maritime Claims International Convention on Salvage United Nations Convention on the Law of the Sea.

5 Marine Orders Marine Orders are a form of delegated legislation under Australia s Commonwealth laws. Marine Orders are regularly amended, in response to changes in international law, industry requirements, and technological developments. They provide an efficient means of implementing Australia s international maritime obligations by giving effect to international conventions in Australian law. Marine Orders are made under the following Commonwealth legislation: Navigation Act 2012 Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 Marine Safety (Domestic Commercial Vessel) National Law Act 2012 All current Marine Orders are available on the AMSA website

6 Marine Notices Marine Notices provide information to the shipping and broader maritime community on a range of important issues. While Marine Notices have no legal standing, they provide important safety related information, general guidance or details about forthcoming changes to legislation. All current Marine Notices are available on the AMSA website

7 Appointment of AMSA Inspectors An AMSA inspector is appointed under the Navigation Act 2012 and is authorised to board ships, enter premises and be assisted as required exercise monitoring and enforcement powers use force in or complete executing a warrant Appointed as a Duly Authorised Officer under the Maritime Transport and Offshore Facility Act 2003 By virtue of appointment as a Navigation Act Inspector, an inspector under the Protection of the Sea (Protection of Pollution from Ships) Act 1983 Appointed as an inspector under the Occupational Health and Safety (Maritime Industry) Act 1993

8 Enforcement Powers AMSA enforcement powers are contained in Sections 244 to 307 of the Navigation Act 246 Directions in relations to vessels 248 Power for AMSA to detain 257 Inspector may board a vessel without consent or warrant 258 Requirement to facilitate boarding of vessels 259 Monitoring powers of inspectors 260 Enforcement powers of inspectors 264 Inspector may give directions 265 Inspector may give improvement notices 267 Inspector may give prohibition notices

9 Direction Notices 264 Inspector may give directions (1) If an inspector believes, on reasonable grounds, that: (a) a person is not complying with this Act in respect of a thing; and (b) one of the following applies: (i) it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment; (ii) it is desirable in the public interest, having regard to the matters specified in subsection (2), for the inspector to exercise powers under this section; the inspector may give directions to the person, by written notice, requiring the person, within the period specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the person to comply with this Act.

10 Improvement Notices 265 Inspector may give improvement notices (1) If an inspector believes on reasonable grounds that a person: (a) is contravening a provision of this Act; or (b) has contravened a provision of this Act and is likely to contravene that provision again; the inspector may give a notice (an improvement notice), in writing, to the person.

11 Prohibition Notices 267 Inspector may give prohibition notices (1) This section applies if an inspector believes, on reasonable grounds, that: (a) an activity is occurring in relation to a vessel that involves or will involve a serious risk to the health or safety of a person; or (b) an activity may occur in relation to a vessel that, if it occurs, will involve a serious risk to the health or safety of a person. (2) The inspector may give a prohibition notice to the responsible person in relation to the vessel. For this purpose, the responsible person is: (a) the master of the vessel; or (b) if the inspector cannot locate the master the person who has immediate control over the vessel.

12 Marine Notice 13/2014 Means of Embarkation and Disembarkation from Ships in Port The purpose of this Marine Notice is to bring to the attention of ship owners, ship operators, ship masters, port authorities, terminal operators and persons boarding and disembarking ships the requirements for accommodation ladders and gangways under section 68 of Marine Order 21. Section 68 of Marine Order 21 requires access to be provided in accordance with Schedule 8 of the order. This section places obligations on both the master of the ships and those using the access. It is important to note that the master of the ship is not required to provide the means of access, however, where it is provided by the ship the master must ensure the means of access complies with MO 21, SOLAS regulation II-1/3-9 and MSC.1/Circ If the master cannot provide compliant access with the means available on board, an alternate arrangement must be put in place rather than employing an unsafe/noncompliant arrangement.

13 Marine Order 21 Section 68 Marine Order 21, issue 8 (Safety of navigation and emergency procedures) 68 Means of access to ships in port 68.1 Access to a ship in port must be carried out in accordance with Schedule The master of a ship must comply with subclause 1.9 of Schedule 8. This is a penal provision A person boarding or disembarking from a ship using a means of access mentioned in Schedule 8 must do so in accordance with Schedule 8.

14 Marine Order 21 Schedule 8 Schedule 8 Means of access to ships in port 1 Safe means of access 1.1 The master of a ship in port must ensure that the means of access to the ship provided by the master for persons boarding or disembarking from the ship is safe and complies with: (a) section 68 of this Order; or (b) Regulation 3-9 of Chapter II-1 of SOLAS and IMO Circular MSC.1/Circ If a means of access is provided by a port authority or other person, the master must take measures to ensure that any safety concern has the attention of: (a) the person providing access; and (b) a person requiring access to or from the ship. 1.7 A person boarding or leaving a ship must use the means of access provided by the master or identified by the master.

15 Marine Order 21 Schedule A safe means of access to or from a ship must be the following: (a) of sufficient strength to support the weight placed on it; (b) clean and free of damage, degradation or wear that may affect the strength of the means of access; (c) secured to prevent accidental displacement; (d) illuminated sufficiently for people to use it safely at night; (e) clear of the path of cargo being loaded or unloaded from a ship; (f) kept clean and free of any material that could make its use unsafe; (g) properly rigged and adjusted to allow for any changes in tidal levels and the ship s trim and freeboard; (h) at an angle allowing safe access to the ship; (i) firmly landed and clear of wharf edge and other potential hazards.

16 MSC.1 /Circ.1331 GUIDELINES FOR CONSTRUCTION, INSTALLATION, MAINTENANCE AND INSPECTION/SURVEY OF MEANS OF EMBARKATION AND DISEMBARKATION Each accommodation ladder should be of such a length to ensure that, at a maximum design operating angle of inclination, the lowest platform will be not more than 600 mm above the waterline in the lightest seagoing condition, as defined in SOLAS regulation III/ Gangways should not be used at an angle of inclination greater than 30 from the horizontal and accommodation ladders should not be used at an angle greater than 55 from the horizontal, unless designed and constructed for use at angles greater than these and marked as such, as required by paragraph Each accommodation ladder or gangway should be clearly marked at each end with a plate showing the restrictions on the safe operation and loading, including the maximum and minimum permitted design angles of inclination, design load, maximum load on bottom end plate, etc. Where the maximum operational load is less than the design load, it should also be shown on the marking plate.

17 Accommodation Ladders and Gangways at Steep Angles The angle of an accommodation ladder/gangway is governed by two requirements of MSC.1/ Circ Section of MSC.1/ Circ.1331 requires that ships accommodation ladders are of sufficient length that at the maximum design operating angle the lower platform will be not more than 600 mm above the waterline in the lightest seagoing condition, as defined in SOLAS regulation III/3.13. The second relates to the maximum angle of inclination where section of MSC.1/Circ.1331 requires that: Gangways (such as shore supplied brows or gangways) not be used at an angle of inclination greater than 30 from the horizontal; and Ships accommodation ladders should not be used at an angle greater than 55 from the horizontal, unless designed and constructed for use at angles greater than these and marked as such, as required by paragraph 3.5 of MSC.1/Circ.1331.

18

19 Accommodation Ladders and Gangways at Steep Angles In order to prevent undue delays in preparation for loading it has become common practice in many Australian bulk terminals for ships, especially where a high loading rate is expected, to be deballasted beyond their lightest seagoing condition in preparation for loading. This has resulted in ships accommodation ladders being rigged at angles of inclination greater than their design limits at the commencement of the load. This is especially evident at wharfs with a minimal height above high water or where access to the ship is via launch using an accommodation ladder rigged on the seaward side of the ship. AMSA has noted accommodation ladders in use where the angle is well in excess of 55 degrees. Such angles result in access being both difficult and dangerous.

20 Accommodation ladder approximately 40 degrees from the horizontal, complies with Marine Orders 21

21 Accommodation ladder approximately 65 degrees from the horizontal does not comply with Marine Orders 21

22 Accommodation ladder approximately 65 degrees from the horizontal does not comply with Marine Orders 21

23 Accommodation ladder more than 55 degrees from the horizontal

24 Accommodation ladder more than 55 degrees from the horizontal, suspended over the sea (not landed on the wharf) and more persons on the ladder than permitted by the ladder s maximum load, does not comply with Marine Orders 21

25 Accommodation ladder more than 55 degrees from the horizontal, suspended over the sea (not landed on the wharf) and more persons on the ladder than permitted by the ladder s maximum load, does not comply with Marine Orders 21. There is a real risk that one of the persons could loose their footing and cause others to fall with them.

26 Accommodation ladder more than 55 degrees from the horizontal, suspended over the sea, does not comply with Marine Orders 21

27 Gangway approximately 30 degrees from the horizontal, complies with Marine Orders 21 (if less than 30 degrees)

28 Gangway more than 30 degrees from the horizontal, does not comply with Marine Orders 21

29 Gangway does not comply with Marine Orders 21

30 Crewman rigging accommodation ladder in an unsafe manner, no personal floatation device, no safety harness

31 Accommodation ladder fell into the sea after the wire falls parted, fortunately the crew member had just moved off the ladder

32 Accommodation Ladder Fall Prevention Arrangements There was a fatality in the USA (2009) as a result of not having a Preventer arrangement in place. A member of a ship s crew fell to his death whilst attempting to rig a gangway when the winch gearbox failed, causing the gangway and the crew member to fall to the water below. It was noted that the gangway was being prepared whilst the vessel remained under propulsion, rather than waiting until the vessel had berthed. The crew member was not wearing a safety harness or a life jacket at the time.

33 Accommodation Ladder Fall Prevention Arrangements AMSA has noted in many cases that the fall prevention arrangements fitted are inadequate for their intended purpose and introduce unacceptable hazards and risks. The fall prevention arrangements have been found to have inadequate load bearing capacity because they are connected to non-load bearing parts of the accommodation ladder and ship structure or the tensile strength of ropes, wires, pullies and fittings is inadequate. Some arrangements are not adjustable and add a further risk to safety when the ships draft changes or due to tidal variation. There are no requirements under Marine Order 21 or SOLAS regulation II -1/3-9 for the fitting of accommodation ladder fall prevention arrangements and no standards in MSC.1/Circ1331 for the construction, maintenance and operational testing of gangway fall prevention arrangements. In some cases ships may be fitted with class approved and certified gangway fall prevention arrangements, however, this is not the case in the majority of ships AMSA has inspected.

34 Pullies attached to non structural members, rope inadequate for load, rope secured on non structural part of ship (hand rail) Non approved accommodation ladder fall prevention arrangements, no evidence of load test, fitness certificate, no deployment procedures available on board

35 Accommodation ladder fall prevention rope secured to base of ladder

36 Accommodation ladder fall prevention rope securing arrangements

37 Inadequate accommodation ladder fall prevention rope securing arrangement

38 Maximum 4 persons permitted on accommodation ladder

39 Accommodation ladder fall prevention rope inadequate securing arrangement

40 Accommodation ladder more than 55 degrees from the horizontal, fall prevention arrangements present an entanglement hazard

41 Non approved accommodation fall prevention arrangements, wire slings inadequate to support load and not adequately secured, crane hook block obstructing launch

42 Inappropriate accommodation fall prevention arrangements

43 Accommodation ladder more than 55 degrees from the horizontal, fall prevention arrangements present a trip and entanglement hazard

44 Crewman carrying child

45 Accommodation ladder fall prevention arrangements present a trip and entanglement hazard

46 Accommodation ladder fall prevention rope not correctly adjusted

47 Approved accommodation ladder fall prevention arrangements

48 ccommodation ladder cannot be landed on the wharf as required by Marine Orders 21

49 Accommodation ladder cannot be landed on the wharf as required by Marine Orders 21

50 Accommodation ladder cannot be landed on the wharf as required by Marine Orders 21

51 Accommodation ladder cannot be landed on the wharf as required by Marine Orders 21

52 Accommodation ladder cannot be landed on the wharf as required by Marine Orders 21

53 Accommodation ladder cannot be landed on the wharf as required by Marine Orders 21, unapproved arrangements

54 Accommodation ladder cannot be landed on the wharf as required by Marine Orders 21, unapproved arrangements

55 Unapproved unsafe access

56 Unapproved unsafe access

57 Marine Orders 21 Schedule 8 Schedule 8 Means of access to ships in port 1 Safe means of access 1.8 If a surveyor considers that a means of access to or from a ship does not comply with this Order, he or she may give written notice to the master: (a) prohibiting the use of the means of access; and (b) stating the action the master must take to ensure compliance with this Order. 1.9 A master receiving a notice under subclause 1.8 must ensure that the means of access is not used until the action required by paragraph 1.8(b) is complete.

58 AMSA Notices AMSA does not object in principle to a fall prevention device that is properly designed and fit for purpose. However, where these devices or arrangements pose a safety risk AMSA will take action as appropriate. Appropriate action by AMSA will depend on the severity of the risk to health and safety of persons and the risk to the environment. AMSA may issue a Prohibition Notice under Section 267 of the Navigation Act 2012 Improvement Notice under Section 265 of the Navigation Act 2012 Direction Notice under Section 264 of the Navigation Act 2012

59 Prohibition Notice (1) This section applies if an inspector believes, on reasonable grounds, that: (a) an activity is occurring in relation to a vessel that involves or will involve a serious risk to the health or safety of a person; or (b) an activity may occur in relation to a vessel that, if it occurs, will involve a serious risk to the health or safety of a person. 3) The prohibition notice must: (a) specify the activity in respect of which the inspector believes the risk to health or safety has arisen, and set out the reasons for that belief; and (b) either: (i) (ii) direct the responsible person to ensure that the activity is not engaged in; or direct the responsible person to ensure that the activity is not engaged in in a specified manner.

60 Issue of Prohibition Notice If an inspector finds that a vessel s means of access (accommodation ladder or gangway) are not in compliance with Marine orders Part 21 and considers an activity is occurring in relation to a vessel that involves or will involve a serious risk to the health or safety of a person then a prohibition notice will be issued to direct the responsible person to ensure that the activity is not engaged in This will mean that no one will be permitted to embark or disembark the vessel until the actions required by the prohibition notice are completed and accepted by the AMSA inspector. To be perfectly clear no one includes all government officials, pilots, port authority officials, agents, stevedores, loading surveyors, technicians, ship superintendents and ship s crew

61 Obligations of Persons embarking & Disembarking ships Although Marine 21 requires; 68.3 A person boarding or disembarking from a ship using a means of access mentioned in Schedule 8 must do so in accordance with Schedule A person boarding or leaving a ship must use the means of access provided by the master or identified by the master. If the means of access is unsafe then everyone has a duty of care to themselves and others not to use the access and bring it to the attention of the master.

62 Any Questions If you would like further information please contact the Australian Maritime Safety Authority or

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