Fowey PMSMS Audit 2012

Marine Safety Management System Annual Audit 2012

for

Fowey Harbour Commissioners

Albert Quay Fowey

Cornwall PL23 1AJ

Date of Audit: 3rd April 2012

Gallagher Heath Risk Management 133 Houndsditch

London EC3A 7AH Tel: 0207 560 3000

PMSC Audit April 2012 DRAFT 2

Contents

Page 1 Executive summary 3 2 Findings and observations 4 2.1 Legal background 2.2 Accountability of the duty holder 2.3 Consultation 5 2.4 Risk assessment & safety management systems (SMS) 6 2.4.1 Risk assessments 2.4.2 Review & communication of the SMS 2.5 Emergency preparedness 8 2.5.1 Port marine emergencies plan 2.5.2 Pollution contingency plan 2.5.3 Dangerous vessels 2.5.4 Port security 2.6 Conservancy 9 2.6.1 Hydrography and dredging 2.6.2 Promulgation of information 2.6.3 Aids to navigation 2.6.4 Waste management plan 2.7 Management of navigation 11 2.7.1 Traffic management, services & passage planning 2.7.2 Maintenance & inspection of moorings and berths 2.7.3 Subsea pipelines 2.8 Pilotage 12 2.9 Ship towage operations 11 2.10 Marine services 11 2.11 Professional qualifications and competence 13 2.11.1 Training plan & records – Staff 2.11.2 Training plan & records – Pilots 2.11.3 Training plan & records – Boatmen 2.12 Accident and incident investigation 14 3.0 Conclusion 14


1 Executive Summary

At the request of Fowey Harbour Commissioners (FHC) Harbour Master Tim Jones, Gallagher Heath Risk Management has undertaken an independent audit of the marine safety management system for Fowey Harbour on 3rd April 2012. This audit report is prepared for presentation to the FHC Board. This audit is structured on requirements of the DfT Port Marine Safety Code (PMSC) and associated Guide to Good Practice. Individual components of the Guide are reflected in the audit report below. The audited safety management systems have been applied in accordance with the standards as published in the revised DfT PMSC, and Guide to Good Practice on Port Marine Operations (GGP). The marine safety management system confirms the policies and procedures of the FHC within the structure of an integrated safety management system (SMS). The annual audit has found effective implementation and compliance with the Port Marine Safety Code (PMSC,) with a continuing programme of development. Fowey is a commercial port, with Trust-port status. China-clay exporters IMERYS has commercial operations from the jetty area within Fowey harbour. It exports 25,000tonnes aggregate and 700,000 tonnes of china clay from the IMERYS docks. Tug assistance is required for all vessels over 92.5 metres. FHC owns three tugs, 35/24/15 bollard rated. An estimated 40% of vessel movements require tug assistance. Passenger cruisers are pulled into harbour stern first, and both anchored and tied to commercial buoys. Other vessels may be turned in the “swinging ground” opposite the Harbour Master’s office, below Penleath Point. In 1937 the FHC bought the Fowey river-bed and fundus. There are no FHC-run marinas in the river, although the river is host to both the Royal Fowey Yacht Club and the Fowey Sailing Club, both of which are RYA affiliated. The FHC has three pilots, and pilotage is mandatory for vessels over 37.5m loa. There are no navigational buoys. Mooring buoys are maintained by FHC. There are both inshore and off-shore RNLI stations on the river. FHC has a small maintenance and repair yard, with slipway, across the harbour from the Harbour Office, at Brazen Island. There is no vehicular access to this facility.


Executive Summary Fowey Harbour has demonstrated, in this audit, Average (or “functional compliance”) with “Risk Assessment” {section 2.4 / 64%} and “Emergency preparedness” {section2.5 / 50%}, and Excellent (above 85%) compliance with the remaining ten of the twelve sections specified in “A Guide to Good Practice on Port Marine Operations” (as published by the DfT 2009). Summary of Recommendations Ref. Recommendation page 2.1 That the Strategic Objectives set by FHC are measurable. 5 2.4.1.1 That FHC implements a risk assessment process that captures the

views and opinions of all stakeholders (e.g. Bodinnick Car Ferry). 7

2.4.1.2 That the risk assessment process demonstrates close-out of identified “Control Requirements To Reduce Risk” within the risk assessment format (i.e. signed off with date of completion).

2.4.1.3 That FHC reviews all risk assessments to ensure continuing relevance to the port operations ensuring new or changed hazards and risk assessments are included. This process is already in-hand.

2.4.1.4 That an action plan is developed from the risk assessments so that progress with actions can be monitored.

2.4.1.5 That dynamic risk assessment training is provided for all those at risk - FHC has close working links with Emergency Services …. these services should be consulted in the first instance.

2.4.1.6 That records of the dynamic risk assessment training process are captured within the risk assessment programme.

2.5.1.1 That FHC reviews the Port Emergency Plan to ensure contact details and procedures are relevant and up-to-date.

8

2.5.1.2 As part of the Emergency Plan, we recommend a full Business Impact Analysis is undertaken, culminating with the development of formalised response procedures to predictable incident events.

2.5.7.1 That the Port considers development of a Business Continuity Plan in accordance with details in PMSC GGP 5.7.5.

2.5.7.2 That as part of the Emergency Planning review for 2012; the Port Emergency Plan considers a desk-top incident exercise, in accordance with details in PMSC GGP 5.7.10.

END OF Recommendations


2 Findings and observations

Thanks are due to Tim Jones (Harbour Master), John Burgess (Deputy Harbour Master with health and safety responsibilities) who assisted in this audit. For the purposes of this audit, FHC demonstrates overall EXCELLENT compliance with the requirements of the Port Marine Safety Code. AVERAGE performances were found in Risk Assessment and Emergency Preparedness (Business Interruption planning) – both these areas are already recognised by FHC and are being improved.

2.1 Legal background Fowey Harbour Commissioners are the Statutory Harbour Authority legislated by the Pier and Harbour Order (Fowey) 1937 and 1960. The Harbour Revision Order 1980 and Harbour Byelaws 1996 apply. A Harbour Revision Order in 2001 reconstituted the Board. The Commissioners’ role is conservancy and regulatory, ensuring that the harbour safe and controlled for both commercial and leisure users, with appropriate environmental controls. Originally produced in 2006, the Fowey Harbour Marine Operations Manual was last reviewed in 2010. Strategic objectives are set by FHC in the Strategic Plan, but no measurable outcomes have been established. If an objective is set, it should be SMART (Specific, Measurable, Achievable, Realistic, Timely). A few well-measured objectives provide more confidence that a raft of worthy but perhaps less focussed ideals. The PMSC been promulgated to all stakeholders, and in particular the commercial customer IMERYS.

2.2 Accountability of the duty holder The Fowey Harbour Commissioners are collectively and individually Duty Holders accountable for compliance within the terms of the PMSC. The Designated Person under the Code is identified as the Harbour Master. Roles and duties of the FHC were published in the detailed policy document. The Board’s commitment to high standards of governance is stated within the safety management system. This is reviewed annually. Monthly meetings provide a structure to receive regular marine safety reports. FHC has committed itself to placing SMS issues on the agenda of all stakeholders meetings. The Harbour Master takes responsibility for overseeing the port marine safety management system, and for ensuring that Fowey Harbour meets the principles set out in the PMSC. The Harbour meets the marine safety management principles through internal and independent external audit. Statements of compliance are published annually. An environmental report, a leisure report, and annual report have historically been produced – the Commissioners have decided this is information overload. In future a single report with key facts will be produced.


2.3 Consultation As a Member the British Ports Association and the Harbour Masters Association, FH has direct relationship with DfT South West Region Ports Association. Consultation with both commercial and leisure interests occur as and when required. There are consultative committee meetings held with the licensed boatmen, IMERYS, the two mussel-farmers, the rowing club, sailing club, and Town Council. The next meeting is scheduled for 24 April 2012, and occurs every 6 months. There are quarterly Health and Safety committee meetings, and management meetings every Monday morning. Minutes of meetings are promulgated to all stakeholders. There is effective consultation with all twenty three direct employees (8 admin, 8 marine, 7 skilled / unskilled labour). There is good evidence of training, group meetings, and quarterly safety meetings. We would recommend greater evidence of staff interaction with the SMS – although it clearly occurs, a formal record of the fact should be made. Effective consultation with third party contractors is in place. This includes Foy Boatmen and the three self-employed pilots (Fowey Pilots Association). For the average of 260 pilotage trips per year, there are three Pilot licences formally issued, to named individuals. The extant pilot/ master information exchange document agreement form is reported to cover all pilotage work. As a designated Local Lighthouse Authorities (LLA), the FHC LLA / Nav safety file details the relationship with Trinity House (THLS). The internationally recognised Ports Aids to Navigation Availability Reporting (PANAR)-THLS report-defect process ensures that Aid(s) to Navigation (AtoN) failures are notified globally. The FHC Board publishes and distributes an annual performance report, accounts, statistical analysis and environmental report. FHC remains the lead body for environmental management under the Estuary Management Plan, published by the Fowey Estuary Partnership, linking the Consultation Group, the Environment Agency and Natural England. Parts of the Harbour are designated as a Voluntary Marine Conservation Area (VMCA) by the Commissioners, recognising the need to protect parts of the upper estuary and surrounding areas, overseen by the Cornwall Rivers Trust.

Waste management is overseen by the Maritime and Coastguard Agency (MCA,) in consultation with the Environment Agency. Oil spill contingency planning is overseen by the MCA. Information is also circulated to the Environment Agency, Cornwall County Council and other interested bodies.


2.4 Risk assessment & safety management systems (SMS)

2.4.1 Risk assessments There is a policy to reduce risk in marine operations to ALARP (the As Low As Reasonably Practicable principle). Risk assessments historically were reviewed annually, although it is felt that these assessments have been too generic and not followed through to completion. A formal action plan derived from risk assessments would enable FHC to demonstrate that risk assessments are logically followed through, achieving the ALARP principle. Specific risk assessments have been carried out for planned events and activities (such as the annual regatta). Dynamic risk assessments are produced when required, although this really only applies to pilotage activities. There are no formal records of these. There are new draft risk assessments applicable to the pilots, although these were not available during the audit. Risk assessments and management of navigation and moorings are applied to commercial vessels. There are some notable absences, including assessments for the car ferry. Whilst the Bodinnick Car Ferry is referenced in the risk document, the operators risk assessment was not present. The Harbour has a Byelaw requiring prevention of impedance of the ferry, which is all that is required as an action from the FHC. It was noted there was no dredging risk assessment. The Commissioner with responsibility for health and safety made an inspection at Brazen Island in March 2012. This forms part of the quarterly and six-monthly inspection regime, using a safety proforma. The land-side safety management system is still in development, and has yet to demonstrate a cohesive structure.

2.4.2 Review and communication of the marine safety management system

There is specific commitment to the risk assessment process from all levels of harbour management, starting at Board level and cascading to the operational staff. The requirements for co-operation and compliance are identified within the policy statement. This includes contributions from the Board. The findings of all risk assessment should be communicated to the relevant persons and organisations, although this was not evident – for example when dealing with the Royal Fowey Yacht Squadron. All commercial operators are licensed under a 1996 Byelaw, including VHF licence, first aid, and medical certification. There are some permits controlling other high hazard activity such Confined Space Entry, Work at Height, Hot Work and Diving Operations.


2.5 Emergency preparedness

2.5.1 Port marine emergencies plan

The PMSC Emergency Response plan is available to all harbour users. In some cases, the contact details listed are outdated. The document is in the process of review and updating. As with the pollution contingency plan, there is a policy for minor incidents to be taken as the opportunity for in-house drills, in order to maintain readiness for a more serious event. Specific procedures are available for oil spill, fire, search and rescue. These contain specification for initial response. A Security response is available. There are no formal arrangements with the yacht clubs, which operate under FHC harbour regulations.

2.5.2 Pollution contingency plan FHC holds more than Tier 1 stock requirements for oil-pollution prevention. The harbour has a contract with Adler & Allen (a Tier 2 contractor) for oil-spillage response. A programme of inspections and exercises spaced through each twelve month period is established to support effective action under the oil pollution contingency plan. Oil-spillage equipment is inspected regularly. Refresher training in procedures and equipment use takes place throughout the year.

2.5.3 Dangerous vessels No dangerous vessels were received into the port during the last year.

2.5.4 Port security Port security is governed by International Ship and Port Facility Security Code (ISPS). The Harbour has an approved plan in compliance with this requirement. The Harbour Master is designated as Port Facilities Security Officer (PFSO). Arrangements under the plan include provision for quarterly joint harbour security meetings, to meet the requirements of the Act, for those with commercial interests on the river and harbour. Arrangements under the plan include provision for joint port security meetings. Security risk control procedures have been established by risk assessment, and have received approval. The last consultative meeting took place in March 2012, consisting of Fowey Pilots, HM, PFSO, DFT Transec, Ships agents, Devon & Cornwall, UKBA, and IMERYS PFSO. The last table-top exercise took place in 2011.


2.6 Conservancy

2.6.1 Hydrography and dredging Targeted hydrographic surveys provide detailed information on the changing state of the river bed. The work is contracted to Shoreline services, and last

occurred 28/29 Feb 2012. Survey confidence checks, verified by UK Hydrographic Office Taunton, ensure source data remains valid.

FHC and the pilots have copies of the latest charts. These are available to Harbour users and are published on the FHC website. Maintenance dredging is not subject to Environmental Impact Assessment. Consent for disposal of the 45,000 m3 annually is via the Environment Agency. The competent person nominated to take control and supervise dredging activities, is the FHC Harbour Master. There is a programme of dredging undertaken by the Westminster Dredging Company.

2.6.2 Promulgation of information There is an effective system for Notices to Mariners and Harbour Master’s notices. The Deputy Harbour Master oversees promulgation of notices. Records are maintained. Tide gauges provide an electronic read-out. This service is in-house maintained. A video screen has been installed outside the Harbour Office, displaying real-time information on meteorological conditions and wave height. This information is also published on the FHC website. Storm warning navigation notices are issued. The storm signal visual station is under the control of the National Coast watch Institute (NCI). FHC makes available a forecast with detailed information, a service provided by the Met-Office. Copies are available at the Harbour Office desk.

2.6.3 Aids to navigation There is an active programme of maintenance and renewal of AtoN. An inspection of Local AtoN was undertaken by Trinity House in June 2011 (two audits per year). A system is established for quarterly reporting of performance via PANAR. Detailed FHC AtoN records are kept, including % availability on a three-year rolling programme. In addition, weekly inspections are made by the FHC Lighthouse Keeper and Harbour Master. Management objectives for service standards include the continued provision of AtoN, encompassing repair and replacement.

2.6.4 Waste management plan

The Fowey Harbour waste management plan was last reviewed in 2011 and the latest approval by the MCA is dated March 2012. Means of reporting and recording waste transfer are in place. Waste Management Plan declarations by commercial businesses and vessels are


checked by FHC and records kept. Designated bins are provided for the specified types of segregated waste, for recreational vessels only. A recycling skip is located on one of the pontoons on the Penleath Point, and is taken by FHC vessel to the waste recycling concentration point. Records of waste disposal are maintained in accordance with the Waste Management Plan. Activities are summarised in the annual report.


2.7 Management of navigation

2.7.1 Traffic management, vessel traffic services & passage planning

The harbour authority has an established framework for controlling navigation within the river. All VHF communication is on the call-up and working channel 12 (port channel, registered with the Office of Communications (OfCom).

A vessel information system (VIS) is in operation, and the harbour provides radar and CCTV coverage of the harbour mouth. An automatic identification system (AIS) has more extensive coverage and gives an overlay of information on the VIS display screens. A CCTV camera extends visual coverage to Bodinnick. FHC staff and pilots have direct Internet access to the IMERYS voyage information system Virtual.Agent. Passage plans are completed for each vessel passage, signed by the pilot and master of the vessel. Vessel movements are copied to agents, the Harbour Office and each of the pilots. A generic passage plan is available on the FHC website. Pilots have a generic passage plan pack to take on board. Records are kept to a good standard. Computer records are backed up off-site including copies by pilots. Well-established systems manage regattas and other events, based on risk assessments and consultation. There are harbour patrols each day, giving a visual presence on the water.

2.7.2 Maintenance & inspection of moorings and berths Inspections and maintenance activities are carried out under the control of the Harbour Master. Records of mooring inspections and maintenance are computer-based. Review of a sample of records show they were inspected within the programme year. The system has the facility to identify the action required on the next inspection. Records demonstrated that required maintenance and repairs had been completed by the time of the subsequent inspection.

2.7.3 Subsea pipelines Whilst there are no submerged fuel lines, there are submerged electrical and telephone cables traversing the river from Polruan Castle.


2.8 Pilotage Pilotage services are provided by three full-time pilots. Contractual arrangements include authorisation. Conditions of work are reviewed annually. Pilotage is fully integrated with other harbour safety services under FHC control, with all commercial vessel movements requiring pilotage. All pilots are Master Mariners class 1, trained for Fowey. The FHC Harbour Master assists with the continuous assessment of pilots. Records of UKMPA membership and pilotage certificates are held by the Harbour Master. Pilotage services are specified in the pilotage plan and may be found on the FHC web-site. Standards for Pilot Exemption Certificates (PEC) are regularly reviewed, and specified in the policy. At present, no PECs have been issued

The Harbour Office controls all tug orders, expected moves and vessels in harbour. Working details from the pilots’ vessel movement log are kept at the Harbour Office. Pilots are required to submit transit records to the HM.

2.9 Ship towage operations FHC owns three tugs, although only two are operational at present (details available on the FHC web-site). Towage guidelines are published, defining the number of tugs related to vessel length (either one or two tugs required). FHC provides tug services to other local harbours and ports, and represents a significant part of FHC operation. Out-of-port towage work includes Cattewater, Falmouth and Dartmouth. Towage risk assessments and records are kept in the Harbour Master’s office.

2.10 Marine services The FHC safety management system covers the use of harbour craft and the provision of moorings. Commercial diving (usually associated with harbour inspection, repair and maintenance) is controlled by permit-to-work. There is no recreational diving. Arrangements for monitoring are well structured, with inspection records, defect report sheets and comment sheets confirming that programmes of inspections are current. Pilot boats Penleath and Gribbin are surveyed by the MCA annually. The Morgawr is Lloyds Registered and subject to biennial surveys, last completed in October 2009 and is currently in dry dock. The Voyager has a certificate under the workboat code. Tregeagle is inspected by the MCA as a Class XIA vessel. Whilst FHC has powers under the MCA to licence small boats, (vessels under 12 passengers,) the MCA licences those vessels with capacity over 12 passengers. In this case, vessels require a Foy Boatman licence to operate in the harbour. Commercial moorings and pontoons are inspected annually, with leisure facilities on a three year cycle of lease renewal. For annual inspections, some moorings are dived, whilst other moorings are lifted for inspection. All diving work is contracted out to Sal Diving. This company provides the Diving


Officer and supervisor all provided, but operates to Fowey PTW, maintenance and vessel inspection regimes. All diving operations are HSE compliant. A register is kept of all lifting equipment. A written scheme of examination of both these, and the compressed air pressure systems, has been drawn up. Certificates of inspection and service of inflatable lifejackets are undertaken and records are maintained, by Cosalt, of Plympton. Fixed electrical inspections are in-date, and the Portable Appliance Tests for all ancillary electrical items are recorded. A current Fire Risk Assessments is available for the Harbour office.

2.11 Professional qualifications and competence 2.11.1 Training plan & records – FHC Staff

It is stated Board policy to train staff to the highest level, with qualifications as available. FHC maintains close liaison with government and professional bodies as standards are established and reviewed. Staff and training courses are summarised in matrix form, and acts as an aid to planning. The Foy Boatmen masters of vessels are suitably MCA qualified. FHC oil-pollution response training is confirmed as up to date at the appropriate levels. Detailed records are maintained and were reviewed during this audit. Basic fire safety, first aid and environmental awareness training courses have recently been provided.

2.11.2 Training plan & records – Pilots

At the time of this audit there were three pilots. The Port Marine Operations Manual and Pilotage Arrangements include the training policy and training specification for pilots, meeting national standards. Training includes oil pollution response, sea safety, sea-survival and radio qualifications. The formal training plan matrix showed that the listed elements of training for professional competence are up to date.

2.11.3 Training plan & records – Boatmen There is a formal contract with the Foy Boatmen’s service. As noted above, qualifications are to MCA standards.


2.12 Accident and incident investigation Documented systems provide for investigation of an incident, depending on depth or severity of the event. The Harbour Master leads the investigation of major incidents and any incidents involving commercial craft. All incidents are ultimately reported to the Board, and resulting actions detailed. Records of incident reports were reviewed during this audit. A formal system is established for reporting to the Marine Accident Investigation Branch (MAIB). There were no significant navigational incidents in the previous year.

3.0 Conclusion Fowey Harbour has demonstrated, in the above audit, overall Excellent compliance with “A Guide to Good Practice on Port Marine Operations ” as published by the DfT in 2009. The weaker aspects of Risk Assessment and Emergency Planning, detailed above, are recognised by FHC. Actions are in place to improve these components of the FHC Safety Management System. F Cassera CMIOSH Chartered Safety and Health Practitioner Consultant Gallagher Heath Risk Management

Documents

Fowey PMSMS Audit 2012