Reporting Casualties and Safeguarding The Interests Of Indian Seafarers Serving On Foreign Flag Ships - Latest Guidelines
Published: June 01, 2007
The Indian Directorate General of Shipping is the competent authority for all issues pertaining to maritime administration, safety and security of ships and seafarers, prevention of pollution of the marine environment, standards of training & certification of seafarers (STCW) and their welfare.
In a recent incident, an Indian repair fitter died on board a Norwegian flag vessel on 5 February 2006 whilst the vessel was en route Fujairah from New Mangalore. This is only one of several incidents comprising a disturbing recent trend of casualties involving Indian seafarers working on foreign flag ships operating around the coast of India and overseas. The Maritime Administration has become increasingly concerned about the safety and well being of Indian seafarers serving on ships flying foreign/Indian flags. In an endeavour to send a strong message to the industry that the personal safety of Indian seafarers is a priority, the administration has, in exercise of its statutory powers, recently laid down the following action plan and reporting procedures.
The recruiting company, the ship manager or the manning agent of a foreign flag ship in any geographical area involved in any casualty on board resulting in the death, disappearance, loss overboard of or, in the case of homicide, by or against an Indian national are obliged to:
- report the incident at the earliest opportunity and not later than 24 hours after receipt of such information to the Directorate in the prescribed format, namely: ”Report on Marine Casualty/Incident”’
- be guided by the Indian Mariners Casualty Contingency Plan (IMCCP) with regard to the procedures and the various actions to be taken by the entities listed in the plan
- lodge a First Information Report (FIR) with the police in India at the earliest opportunity in the case of a cognizable offence (where the nature of the offence is such that police are empowered to arrest without a warrant) and supply an endorsed copy to both the Directorate and the next of kin.
- forward the relevant section of Marine Casualty and Incident Report, in the format prescribed by IMO, on completion of inquiry to the Directorate within 30 days.
- Ensure that the necessary procedures are carried out by the master in the event of a casualty involving Indian seafarers on a foreign flag vessel. The outline of the procedures is set out below:
a) report the incident to the owner and/or manager.
b) investigate and complete the company's accident report form for all accidents involving crew injuries.
c) in the event of an injury following an accident, the master shall be guided by the publication “Mariner’s Role in Collecting Evidence”. However, the following suggestions may be taken into account:
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- obtain radio medical advice.
- write a detail description of the events leading to the accident.
- obtain statements of witnesses of the accident.
- take photographs of the site of the accident including ship's structure and equipment - photographs must bear the date and time they were taken
- in case of damage to ship structure and equipment, properly label and retain broken pieces.
- attach the copy of the maintenance and testing record of the equipment
The guidelines set out above are, in many ways, a follow-up of steps that the government had also taken in the recent past in the form of promulgation of the Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2005. These rules provide a mechanism of protection for Indian seafarers working on Indian and foreign flag vessels and the necessary safeguards for their repatriation in the event of their being stranded, or during such other exigencies, when the owner fails to discharge the duty of repatriating the seafarers to the home port. The rules also provide a mechanism for necessary registration of the manning agents (agents for Indian and foreign flag vessels).
The main objective of the said rules was to create an awareness among Indian seafarers, while they are undergoing training, of their rights and also of the importance of following and adhering to due procedure while taking up employment on board Indian/foreign flag vessels, through registered manning agents only.
Some of the salient features of these rules are: registration of recruitment and placement entities, ensuring that the employment contract conforms to the laws for the time being in force, repatriation of seafarers in the event of being stranded at any place and transportation of the mortal remains of expired seafarers etc.
In pursuance of these aims, all training institutes have been directed to commence a new course module for all pre-sea training courses and the Directorate has also undertaken a "training the trainers" for all training institutes located in the country. The course module is required to be implemented by all the training institutes and they are required to ensure that the time prescribed to the course module is incorporated in the regular training course and imparted effectively to all the trainees. Furthermore, relevant questions from the course module are to be included as part of the exit examination for ratings and as part of the final examination for deck and engine cadets.
Certificates issued to candidates should carry the following endorsement:
"the candidate has undergone the course module implemented for implementation of Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2005, the relevant provisions of M.S. Act 1958 and Articles of Agreement."
Compliance with the above is must be strictly adhered to by all the training institutes.
The Directorate has also recommended various initiatives in creating adequate awareness on the strengths and weaknesses of a career at sea amongst the students, parents, maritime training institutes, colleges, universities, shipping agencies, shipping companies and Indian consulates abroad. This awareness would assist aspiring seafarers in the decision-making process before joining the profession. It has become mandatory for aspirants to the officer cadre to undergo compulsory psychometric testing prior to admission at a pre-sea training institute. This step has been taken to ensure that the selected trainee is mentally and psychologically fit to cope up with the hardships and vagaries of the seafaring profession. The Merchant Marine Personality Evaluation (MMPE) test has been developed by professional and experienced psychologists of the marine industry. Admission to Directorate-approved pre-sea training institutes for officer’s cadre after 1 April 2006 is subject to passing this test.
Last, but not the least, the appointed port state control officers of the Directorate continue to conduct, and are likely to do so with renewed vigour, inspection of foreign flag ships while they are in Indian ports to verify compliance with Merchant Shipping (Minimum Standards) Convention, ILO 147 to which India is a party. Any complaint or shortcoming noticed during the inspection affecting Indian seafarers or other nationals is then required to be rectified, and the competent authority has the powers to detain the vessel until such time as the minimum on-board safety standards have been achieved.
With thanks to T. G. Dhanki of Crowe Boda, Mumbai, for preparing this article.
