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USCG Investigations LT Allan Storm
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Coast Guard Investigations
Reportable Marine Casualties CG-2692 Serious Marine Incidents – Drug & Alcohol Testing
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Laws and Regulations 46 USC 6101 requires the reporting of various marine casualties within a specified period. 46 USC 6301 requires the Coast Guard to conduct marine casualty investigations. 46 CFR Part 4 contains the regulatory requirements pertaining to marine casualties and investigations.
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Mission The Marine Investigations Program investigates deaths, injuries, property loss, and environmental damage to determine the associated human performance, equipment, and environmental causal factors; investigates merchant mariner negligence, misconduct, incompetence, and dangerous drug use leading to appropriate remedial MMC suspension or revocation; investigates criminal and civil offenses for assessment of civil penalties or referral for criminal prosecution; analyzes trends and risks in the maritime industries. MSM Vol 5
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Why do we investigate? 1. Cause of casualty 2. Prevention of similar incidents 3. Determination of violation of laws or regulations MSM Vol 5
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How we investigate? Fact Finding- Inspecting location (observe damage, inoperable equipment, etc…), gathering evidence, interviewing witnesses, reviewing documents/ procedures/ and records. (2) Analysis (3) Conclusions and Recommendations MSM Vol 5
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Reportable Marine Casualty
It’s our job as investigating officers, to investigate every Reportable Marine Casualty – Involving any vessel (U.S. or foreign) on U.S. navigable waters, its territories or possessions; or Involving any U.S. vessel anywhere in the world; or Foreign tank vessels within the U.S. EEZ involving significant harm to the environment or damage affecting the seaworthiness of the vessel. MSM Vol 5
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Reportable Marine Casualty
What’s a reportable marine casualty? An unintended grounding, or an unintended strike/allison with a bridge. (2) An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel. (3) A loss of main propulsion, primary steering, or any associated component or control system that reduces the maneuverability of the vessel. (4) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, or failure of or damage to fixed fire-extinguishing systems, lifesaving equipment, auxiliary power-generating equipment, or bilge-pumping systems. MSM Vol 5
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Reportable Marine Casualty
What’s a reportable marine casualty? (5) A loss of life. (6) An injury that requires professional medical treatment (treatment beyond first aid) and that renders the individual unfit to perform his or her routine duties. (7) An occurrence causing property-damage in excess of $25,000. (8) An occurrence involving significant harm to the environment. (Pollution) MSM Vol 5
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Reportable Marine Casualty
Now what? Immediately after addressing safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Coast Guard Office whenever a vessel is involved in a reportable marine casualty. MSM Vol 5
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**Read the instructions on last pages of the form**
CG-2692 ASAP / within 5 DAYS In addition to the immediate notice, within 5 days, file a written report of any reportable marine casualty to the nearest CG office on form CG-2692 (Report of Marine Accident, Injury or Death). May be faxed or ed: If applicable, Forms CG-2692A (Barge Addendum) and CG-2692B (Drug and Alcohol Testing) should accompany CG-2692 within 5 days. **Read the instructions on last pages of the form** MSM Vol 5
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CG-2692 page 1 Most commonly overlooked (not completed sections) - Estimated loss of Damages; number of POB on board; how incident occurred; recommendations for corrective safety measures; name and signature of person making the report.
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CG-2692 page 1 Most commonly overlooked (not completed sections) - Estimated loss of Damages; number of POB on board; how incident occurred; recommendations for corrective safety measures; name and signature of person making the report.
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CG-2692 page 2 Most commonly overlooked (not completed sections) - Estimated loss of Damages; number of POB on board; how incident occurred; recommendations for corrective safety measures; name and signature of person making the report.
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CG-2692 page 2 Describe how accident occurred, damage, information on
alcohol/drug involvement and recommendations for corrective safety measures. Most commonly overlooked (not completed sections) - Estimated loss of Damages; number of POB on board; how incident occurred; recommendations for corrective safety measures; name and signature of person making the report.
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Serious Marine Incident
46 CFR 4.06 – mandates drug and alcohol testing for individuals directly involved in a Serious Marine Incident (SMI) or in an incident determined likely to become a SMI. Alcohol Testing – within 2 hours of SMI occurrence. Drug Testing – within 32 hours of SMI occurrence (IAW 46 CFR part 16 & 49 CFR part 40). This determination is the responsibility of the marine employer. Marine Employer - means the owner, managing operator, charterer, agent, master, or person in charge of a vessel.
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Serious Marine Incident
What’s a Serious Marine Incident (SMI)? Any reportable marine casualty which results in: (1) One or more deaths. (2) An injury that requires professional medical treatment (treatment beyond first aid) and that renders the individual unfit to perform his or her routine duties. (3) Damage to property in excess of $100,000. (4) Actual or constructive total loss of any vessel subject to inspection under 46 U.S.C. 3301; or any self-propelled vessel, not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or more. (5) A discharge more than 10,000 gallons of oil or a discharge of a reportable quantity of a hazardous substance.
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CG-2692B Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident The Marine Employer shall include on the CG-2692B: (1) Name(s) of individuals tested (2) Duties of each individual tested (3) Method/source for alcohol testing (saliva, blood, breath) & results Additionally, upon receipt of a report of drug test results, the marine employer shall submit a copy of the test results for each person listed on the CG-2692B. **Read the instructions on the last page of the form**
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CG-2692B
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Describe: Duties. Refusals. Not timely obtained or not obtained.
CG-2692B Describe: Duties. Refusals. Not timely obtained or not obtained.
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Questions? Thank You
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