CODE FOR INVESTIGATION OF MARINE CASUALTIES AND INCIDENTSDisampaikan Dalam:

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Oleh:CAPT. Rozaimi Jatim

Resolution 849 (20)The Code for the Investigation of Marine Casualties and Incidents

United Nations Law of the Sea Convention94 (7)Each State shall conduct investigations into casualties or incidents involving ships flying its flag, to be held before a suitably qualified person.Article 2 - Legal Status of the territorial sea and the air space over the territorial seaArticle 94 - Duties of the flag State

International Convention for the Safety of Life at Sea, 1974. Regulation 21 - Casualties(a) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provision of the present Convention when it judges that such an investigation may assist in determining what changes in the present regulations might be desirable.

OTHER INTERNATIONAL CONVENTIONS - CASUALLTY INVESTIGATION PROVISIONSLoad Line Convention, 1966, Article 23Standards of Training, Certification and Watchkeeping for Seafarers, 10978/95, Article I/4.1.3, Article I/5Prevention of Pollution from Ships, 1973/78, Article 12Safety of Fishing Vessels, 1977, Article 7Consolidated Maritime Labour Convention

IMO Resolution A. 849 (20)Code for the Investigation of Marine Casualties and Incidentsas amended byResolution A. 884 (20)

The Code for the Investigation of Marine Casualties and IncidentsThe aim is to promote a common approach to the investigation of marine casualties and incidents and to promote co-operation between States, to:aid remedial actionpromote uniform input to accident data baseto introduce best practice safety investigation create a uniform system which applies to seafarers wherever they are in the world

The Code for the Investigation of Marine Casualties and IncidentsThe Code aims to achieve:Qualified indemnity in disciplinary and criminal proceedingsConfidentiality and anonymitySeparation of the safety investigation process from disciplinary or criminal proceedingsRapid, transparent, impartial, objective and accurate reportingA simple reporting format, which is followed by all StatesPublication and wide dissemination of reports and findingsConsistent data input to IMO

Code for the Investigation of Marine Casualties and Incidents1. Introduction2. Objective of an investigation3. Application4. Definitions5. Conduct of an investigation6. Responsibility for investigations7. Lead State responsibilities8. Consultation9. Co-operation10. Disclosure of records11. Personnel and material resources12. Issuing the report and submission to IMO13. Re-opening of investigations14. Content of reports15. Contact between AdministrationsAppendix 1Guidelines to assist investigatorsA.21 Res.884Guidelines for the investigation of human factors in marine casualties and incidents

1.Introduction1.1Calls up the obligations of flag States under UNCLOS, art.94(7) and coastal States jurisdiction under art. 21.2States the aim is to create a uniform approach to investigations and promote cooperation between States.1.3Lists some basic principles of the code1.4Recognises other forms of investigation, but states that accident investigations should be separate from other forms of inquiry.

2.ObjectiveTo prevent similar casualtiesTo identify circumstances and establish causesIt is not to apportion blame or liabilityThe investigation should not refrain from fully reporting the causes because fault or liability may be inferred

3.ApplicationThis Code applies, as far as national law allows, to the investigation of marine casualties and incidents where either one or more interested States have a substantial interest in a marine casualty involving a ship under their jurisdiction.

4.Definitions4.1Marine casualty4.2Very serious casualty4.3Serious casualty4.4Marine incident4.5Causes4.6Marine casualty or incident investigation4.7Marine casualty investigator4.8Serious injury4.9Ship4.10Lead investigating State4.11Substantially interested State

5.Conduct of marine casualty investigations5.1Thorough and without bias. Encourages co-operation. Given same priority as other inquiries.Free access to information. Use of VDRs. Govt to cooperate. IMO/ILO guidelines. Reports should be made public.5.2 Substantially interested States to have standing5.3State investigation should start as soon as possible with any Substantially interested State allowed to join subsequently

6.Responsibility for investigating6.1 Flag States should investigate all serious and very serious casualties.6.2In coastal State jurisdiction States should mutually agree on lead State.6.3In event of collision on high seas two flags and other interested States should co-operate.6.4By participating flag State fulfills its UNCLOS obligations under art 94 (7).6.5Investigations to start as soon as possible,, other States should join as convenient.

7.Responsibility of lead investigating State.1Develop strategy in consultation with other states.2provide investigator/in charge/co-ordinator..3establish parameters based on municipal law..4custodian of records/evidence..5prepare report in consultation with other States.6co-ordinate with other investigating agencies (e.g. police), .7provide logistical support..8liaise with other agencies

8.Consultation8.1Coastal State to inform flag State of casualty and action being taken.8.2Inform other substantially interested States, through Consular representatives.8.3Nothing should prejudice the right of any State with a jurisdiction to conduct a separate investigation. But parties should cooperate to avoid conflicting demands upon witnesses etc.

9.Co-operation9.1Each State may question witnesses, examine evidence, produce witnesses or evidence, make submissions and transcripts, statements, etc.9.2States are encouraged to participate to maximum extent9.3Flag States should facilitate access to ships crew.

10.Disclosure of recordsThe following should not be disclosed:Records of interview, voice transmissions, medical or private information, opinions expressed during the investigationSuch records should only be included in the report when pertinent to the analysis of the casualty or incident.

11.Personnel and material resourcesGovernments should take all necessary steps to ensure that they have available sufficient means and suitably qualified personnel and material resources to enable them to undertake casualty investigations.

12Issue of marine casualty reports and submissions to IMOMakes provision for interested party (including substantially interested States) comment on final draft report.Reports should be completed as quickly as possible and published.Any State may write and submit a dissenting reportInterim recommendations on urgent safety action may be made to the appropriate authority.

13Re-opening of investigationIf new evidence comes to hand, the evidence should be assessed and, referred to the other States participating in the original investigation. The investigation should be re-opened if necessary.

14.Contents of reportA summaryDetails of flag State, owners, managers, company, class etcDetails of ship, crew, work routine, trade etc.A narrative detailing the circumstances of the casualty.Analysis and comment.Comment on the causal elements to meet requirement of IMO database.Where appropriate, recommendations.

15.Contact between AdministrationsTo facilitate implementation of this Code, States should inform the Organization of the responsible authorities within their Governments that may be contacted regarding co-operation in casualty investigation.

AppendixGuidelines to assist investigators in the Implementation of the code1. General information1.1 Ships particulars1.2Documents to be produced1.3Voyage particulars1,4Details of personnel1.5Sea state, weather, tide etc1.6Particulars of incident1.7Post incident action1.8Authentication of documents1.9Engine room orders1.10External information

2.Specific information in the event of:2.1Fire/explosion2.2Collision - each ship2.3Grounding/stranding2.4Foundering2.5Pollution incidents3.Securing physical evidence4.Voyage data recorders5.Other sources of information

Human activity data form (96 hour history)

Appendix 2Guidelines for the investigation of human factors in marine casualties and incidents1.Introduction2.Investigation procedures and techniques2.1 A systematic approach2.2 General - 2.2.1Timing of the investigation 2.22The occurrence site 2.2.3Witness information 2.2.4Background information 2.2.5The investigation sequence 2.2.6Fact-finding 2.2.7 Conducting interviews 2.2.6Selection of interviewees 2.3Topics to be covered 2.3.1People factors 2.3.2Organization on board 2.3.3Working and living conditions 2.3.4Ship factors 2.3.5Shore side management 2.3.6External influences and environment2.4Analysis2.5Safety action3.Reporting procedures4.Qualifications and training of investigators

Appendix 2Guidelines for the investigation of human factors in marine casualties and incidentsAppendix 1 - IMO/ILO process for investigating human factors.1Collect occurrence data;.2determine occurrence sequence;.3identify unsafe acts/decisions and unsafe conditions; For each unsafe act/decision,.4identify the error type or violation;.5identify underlying factors; and.6identify potenetial safety problems and develop safety actions.

Appendix 2Guidelines for the investigation of human factors in marine casualties and incidentsAppendix 2 Areas of human factor inquiryShipboard issues -Safety policyActivities prior to incidentDuties at time of accidentBehaviour at time of accidentTraining/experience/certification etcPhysical conditionpsychological/emotional/etcworkload/complexity of taskWork/rest/recreation patternInterpersonal relationshipsLiving conditions/environment

Manning levelsMasters standing orderslevel of automation/equipment reliabilityShip design, motion, cargo characteristicsShore-side managementScheduling/rostersManning levelsWatchkeeping practicesAssignment of dutiesShore/ship/shore communications & supportVoyage planningWelfare - recreation - contracts-- agreements National/international requirements

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