Marine Operations Code for Ports: Bulletin No.34 (November 2001)

Bulletin No.34 - November 2001

Port Marine Safety Code

The Port Marine Safety Code was published on 13 March 2000 (ISBN: 1 85112 365 2) and is £10

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Implementation

The Department has surveyed all competent harbour authorities on expected progress by the end of the implementation period set by the Code at 31 December 2001.

Returns so far indicate that almost all authorities are working to this completion date and expect to achieve it. A number of completed reports have now been submitted and their quality is good.

The Department has so far identified only three small competent harbour authorities which have not made the required commitment to implement. There is a slightly larger number of authorities who are behind, either because they committed late for various reasons or for force majeure (eg a serious accident to the harbour master).

All but one of these is also small; and all are committed to complete as soon as practicable.

Designated person

There is particular interest in further advice on this function. Paragraph 2.2.9. of the Code says that the function of a 'designated person' is to provide independent assurance directly to the 'duty holder' that the safety management system is working effectively. A safety management system should include proper record procedures so that the duty holder can be satisfied that the system is functioning properly. Among other things, it should provide for incidents and complaints about safety which should be promptly investigated; and for the incident and investigation to be properly recorded.

It is for each authority to determine how best to meet this requirement in the context of their own responsibilities, structure and circumstances. Harbour authorities have dealt with this function in different ways: some - large and small - have not found it straightforward to meet the requirement for independence. There are various good ways of assigning the function. Placing it outside the management line is only one option. It may be the simplest - for example in a local authority where it is already centralised. Another option is to have the function exercised jointly; another is for the system to generate audit trails and reports against which the 'duty holder' can assess advice. Assigning the function within the management line is not ruled out - it will be possible to achieve its objectives in this way depending on how the safety management system as a whole is constructed and operates.

All harbour authorities make decisions on advice - the relationship between a 'duty holder' and its officials is crucial and is secured by a combination of systems and trust. A 'duty holder' will always have taken measures to ensure that the advice it is given is objective and impartial - especially where an official is reporting on his or her own actions or responsibilities. The requirement in the Code, for an independent oversight of the operation of the port marine safety management system and direct access to the Board, highlights that this safeguard needs to be formally incorporated in the safety management system.

National Occupational Standards

Work has resumed on the development of assessment criteria for pilotage authorisation. The Warsash Maritime Centre have completed an exercise to identify seafaring qualifications which may be taken to demonstrate particular competencies. This will be reviewed by a group of harbour authorities prior to release for general consultation soon.

BPIT are actively engaged on the draft of national occupational standards for harbour masters. Work on VTS operators and PEC guidelines is pending. Funding for VTS standards will not be released until the New Year, and a decision will be needed then on whether or not to run it alongside continuing work on harbour master standards. Changes to support for NTOs wef 1 April 2002 make it more urgent to progress these two items.

Guide to Good Practice

The meeting with representative bodies on 19 October concluded that, subject to one final review by those present, the Department should prepare to publish the Guide in its present form. There will be no further opportunity for general comment on the text. The latest version is on the Department's website (address as above). This is for information and to replace out-dated versions.

The Department had hoped to include in the first edition a range of examples of points throughout the Guide. Examples submitted so far are predominantly from a few authorities. It was concluded with the representative bodies that the time was unripe for publishing examples, as many ports had varied their practice - at least in detail - in implementing the Code. This aspect will therefore be revisited when the success of the Code is reviewed about a year after implementation.

Representative bodies

Representative bodies will meet next on the Code in the New Year.

Conferences

A national conference, Modern Ports - Facing the Future, takes place at the School of Oriental and African Studies, Russell Square, London, on 20 February 2002 to look at progress on the commitments in Modern Ports and discuss future plans. To add your voice to this debate, register your interest with Bob Earll of CMS - Phone/Fax: 01531 890415 or email: bob.earll@dial.pipex.com.

The 11th UKHMA conference is scheduled for 13 March 2002 and it is hoped to include presentations from harbour masters on implementation of the Code.