Sea Year Sexual Assault Report(s)

[KPEngineer]

@KPEngineer do you know the regs on alcohol consumption-they are not easy to find. Another thing the USCG could to is to address this issue in the ISM Requirements for U.S. Flag vessels. Seems to me the U.S.C.G. is slow to respond. Anyone know the right U.S.C.G. group to contact?

Its in the DOT regs

49 CFR 655.31(b)
(b) Each employer shall prohibit a covered employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety-sensitive function.

You could make the case that alcohol use should be prohibited at all times on a ship

49 CFR 655.33 Pre Duty Use
(b) On-call employees. An employer shall prohibit the consumption of alcohol for the specified on-call hours of each covered employee who is on-call.

49 CFR 655.4 does not define “on call” but do define “performing a safety sensitive functions” as:
“Performing a safety sensitive function means a covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.”. The fact that I have an assignment per the muster station bill and unable to leave the vessel renders me “immediately available to perform such functions”

There is also this from the USCG regs

46 CFR 4.05-1 (a)(6) Notice of Marine Casualty
(a) Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Sector Office, Marine Inspection Office or Coast Guard Group Office whenever a vessel is involved in a marine casualty consisting in -
(6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or

I would suggest that a rape victim suffers “an injury that requires professional medical treatment (treatment beyond first aid)” Per 46 CFR 4.05.12 this would also trigger reporting the requirement for alcohol/chemical testing “the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.”

I would ask USCG HQ Public Affairs why the US Coast Guard is not enforcing Marine Casualty regulations as it relates to SASH?

 

[Heatherg21]

I am sure the Pandemic slowed things down in this case, but the fact that a judge hasn't been assigned is astonishing to me.

I get 'innocent until proven guilty', that's important. But if a teacher were accused of something like sexual assault or rape? Immediate suspension pending an investigation. The same with a law enforcement officer. It seems to me the almighty dollar is in play. Ships and their owners have a vested interest in staffing their ships. They don't seem to care about the quality of the personnel as long as they have a butt in a seat and the billing starts.

This really does need a working remedy. Unions seem to be in the way as well.

 

[Don't Give Up the Ship]

Its in the DOT regs

49 CFR 655.31(b)
(b) Each employer shall prohibit a covered employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety-sensitive function.

You could make the case that alcohol use should be prohibited at all times on a ship

49 CFR 655.33 Pre Duty Use
(b) On-call employees. An employer shall prohibit the consumption of alcohol for the specified on-call hours of each covered employee who is on-call.

49 CFR 655.4 does not define “on call” but do define “performing a safety sensitive functions” as:
“Performing a safety sensitive function means a covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.”. The fact that I have an assignment per the muster station bill and unable to leave the vessel renders me “immediately available to perform such functions”

There is also this from the USCG regs

46 CFR 4.05-1 (a)(6) Notice of Marine Casualty
(a) Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Sector Office, Marine Inspection Office or Coast Guard Group Office whenever a vessel is involved in a marine casualty consisting in -
(6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or

I would suggest that a rape victim suffers “an injury that requires professional medical treatment (treatment beyond first aid)” Per 46 CFR 4.05.12 this would also trigger reporting the requirement for alcohol/chemical testing “the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.”

I would ask USCG HQ Public Affairs why the US Coast Guard is not enforcing Marine Casualty regulations as it relates to SASH?

Thanks @KPEngineer , These are what I recall. I do some industry consulting related to ISM/SMS...I will draft a proposal to USCG and find out how to submit it. Any assistance would be appreciated. Perhaps also CC MARAD. I note that much of the non regulatory items that USMMA is agreeing to do should also be applied to the State Maritime Academies. I will try to find out if there is a maritime academies work group for this .... if not there should be. I know they have a group that meets and discusses common concerns. I don't know the name of that group?

 

[KPEngineer]

Talking to someone else on the subject I learned that this is and has already been pursued by the CG to suspend or revoke credentials for misconduct.

USCG Administrative Law Judges



You can look at past decisions and see where the CG has gone after people's credentials for 'misconduct" when violating company policies against SASH but this is only in the last year or two. The history of revocations is almost entirely for drugs and alcohol. Some very interesting history there.

 

[Don't Give Up the Ship]

Talking to someone else on the subject I learned that this is and has already been pursued by the CG to suspend or revoke credentials for misconduct.

USCG Administrative Law Judges

View attachment 13768

You can look at past decisions and see where the CG has gone after people's credentials for 'misconduct" when violating company policies against SASH but this is only in the last year or two. The history of revocations is almost entirely for drugs and alcohol. Some very interesting history there.

Thanks for this update. Let's hope USCG takes a strict path.