{"id":17602,"date":"2024-09-03T09:31:47","date_gmt":"2024-09-03T13:31:47","guid":{"rendered":"https:\/\/fish-news.com\/cfn\/?p=17602"},"modified":"2024-09-03T09:32:57","modified_gmt":"2024-09-03T13:32:57","slug":"incident-reporting-what-to-do","status":"publish","type":"post","link":"https:\/\/fish-news.com\/cfn\/incident-reporting-what-to-do\/","title":{"rendered":"Fish Safe – Incident reporting: what to do"},"content":{"rendered":"\n

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We talk a lot in this column about preventing fatal and non-fatal injuries in the fishing industry.  Some years we have fewer injuries than others: from January 1 to June 2, 2023, there were 10 death, medico, medevac, or man overboard incidents, while from January 1 to June 5, 2022, there were 14 such incidents, according to the District 1 US Coast Guard (USCG) incident database.  (District 1 extends from Maine through New Jersey.)<\/p>\n\n\n

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Ann Backus, MS, is the director of outreach for the Harvard Chan Education and Research Center in the Department of Environmental Health at the Harvard T.H. Chan School of Public Health, Boston, MA.\u00a0 She can be reached by email at abackus@hsph.harvard.edu<\/figcaption><\/figure><\/div>\n\n\n

Most of these incidents required reports to the USCG.  This article provides a review of the definitions of \u201cmarine casualty\u201d and \u201cserious marine incident\u201d and will touch on when alcohol and drug testing is mandated along with the difference between notification and reporting. <\/p>\n\n\n\n

Please note: this article only pertains to the reporting of injury or death and not to incidents pertaining to vessel loss, collision, grounding, etc. which are also reportable and mentioned in the same 46 Code of Federal Regulations (CFR) articles listed below.<\/p>\n\n\n\n

The purpose of this article is to help ensure that masters and seamen know the regulations regarding fatal and non-fatal injuries, and that they know where to look for the regulations that govern these (and other marine casualties not discussed in this article).  Moreover, every master should have blank, fillable copies of CG-2692 on his or her computer as well as the various addenda that are needed when written reports to the Coast Guard are required.  CG-2692 is available at <https:\/\/cg-2692-form.com\/<\/a>><\/p>\n\n\n\n

The placard<\/strong><\/p>\n\n\n\n

First things first: in order to be in compliance with the Federal Requirements for Commercial Fishing Vessels<\/em>, according to 46 CFR 28.165, each captain must post a placard which reads:<\/p>\n\n\n\n

\u201cNOTICE: Report All Injuries.  United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel, or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.\u201d<\/p>\n\n\n\n

This placard sets forth the responsibility of the seaman regarding injuries.  The remainder of this article discusses the responsibility of the master of the vessel, marine employer, or other person in charge and is based on Title 46 Chapter 1, Subchapter A, Part 4 found at <https:\/\/www.ecfr.gov\/current\/title-46\/chapter-I\/subchapter-A\/part-4<\/a>><\/p>\n\n\n\n

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Definitions<\/strong><\/p>\n\n\n\n

A marine casualty or accident <\/em>\u201capplies to events caused by or involving a vessel and includes but is not limited to any fall overboard, injury, or loss of life of any person.\u201d  [\u00a74:03-1]<\/p>\n\n\n\n

A serious marine incident<\/em> \u201cincludes the following events involving a vessel in commercial service: a)  marine casualty or accident defined in \u00a74.03-1 (above) which is required by \u00a74.05-1 (below) to be reported to the Coast Guard and which results in any of the following: 1) one or more deaths; 2) any injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties; \u2026\u201d [\u00a74.03-2]<\/p>\n\n\n\n

Breaking this down, the master or person in charge must report every death and every injury that satisfies these two conditions: 1) requires professional medical treatment beyond first aid and 2) where the injured person is \u201cunfit to perform routine vessel duties\u201d \u2013 and I would add, safely<\/em> perform.<\/p>\n\n\n\n

Notice of marine casualty and written report<\/strong><\/p>\n\n\n\n

For the USCG, notification is different from filing a report.<\/p>\n\n\n\n

According to \u00a74.05-1 the master\/owner\/person in charge must notify<\/em> the \u201cnearest Sector Office, Marine Inspection Office or Coast Guard Group\u201d of any marine casualty immediately<\/em> after addressing any \u201cresultant safety concern.\u201d <\/p>\n\n\n\n

This notification is required in the case of a 1) loss of life or 2) \u201can injury requiring professional medical attention (beyond first aid)\u201d and (for anyone employed in the service of the vessel) \u201crenders the individual unfit to perform his or her routine duties; \u2026\u201d<\/p>\n\n\n\n

Subsequently, within 5 days, the master\/owner\/person in charge must file a marine casualty report<\/em> with the Coast Guard Sector Office or the Marine Inspection Office. <\/p>\n\n\n\n

This written report must be filed on form CG-2692: Report of Marine Casualty, Commercial Diving Casualty, or OCS-Related Casualty.<\/em>  (OCS stands for Outer Continental Shelf.) <\/p>\n\n\n\n

Certain supplemental addenda may be required; for example, for barges, mandatory chemical testing (see below), personnel casualty, or involved person and witnesses. [\u00a74.05-10]<\/p>\n\n\n\n

Alcohol and drug use and testing<\/strong><\/p>\n\n\n\n

 For each marine casualty required to be reported by \u00a74.05.10 (above), the master\/owner\/person in charge must decide \u201cwhether there is any evidence of drug use by individuals directly involved in the casualty.\u201d <\/p>\n\n\n\n

In this situation, \u201cevidence\u201d can be either observation or chemical testing.  If it is determined that there is evidence of use or intoxication, the person in charge must identify on CG-2692 and on CG-2692B which individuals showed evidence of use or intoxication and what method was used to obtain evidence (observation or chemical testing).<\/p>\n\n\n\n

Mandatory chemical testing <\/strong><\/p>\n\n\n\n

According to \u00a7406.3 for any marine casualty which is a serious marine incident (<\/em>SMI) as defined above or \u201cis likely to become an SMI,\u201d the marine employer must conduct alcohol testing.  If safe to do, this testing must take place within 2 hours of the SMI, or as soon thereafter as practicable up until 8 hours after the SMI.<\/p>\n\n\n\n

In terms of drug testing, the testing of \u201ceach individual engaged or employed on board the vessel who is directly involved in the SMI\u201d must take place within 32 hours of the SMI, unless the situation is not secure and safe.  Again, the regulations call for certain information to be included in forms CG-2692 and CG-2692B.<\/p>\n\n\n\n

According to \u00a740.6-5, \u201cAny individual engaged or employed on a vessel who is directly involved in the SMI\u201d must comply with a request for a specimen which could be blood, breath, saliva, or urine.  Any refusal to comply must be noted on CG-2692 and CG-2692B and in the vessel\u2019s logbook, and \u201cthe marine employer must remove the individual as soon as practical from duties that directly affect the safe operation of the vessel.\u201d <\/p>\n\n\n\n

Article \u00a74.06-5 also specifies that individuals cannot consume alcoholic beverages for 8 hours after the SMI, and although they cannot be coerced to provide specimens, failure to do so \u201cis a violation and may subject the individual to suspension and revocation proceedings, a civil penalty, or both.\u201d<\/p>\n\n\n\n

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FISH SAFE<\/strong><\/p>\n\n\n\n