A Guide to Good Practice on Port Marine Operations - GOV.UK

1 A Guide to Good Practice on Port Marine Operations Prepared in conjunction with the Port Marine safety Code 2016 Moving Britain Ahead February 2018 1 A Guide to Good Practice on Port Marine Operations Contents Amendment Record 3 Glossary 4 Introduction 6 Section 1 The Legal Background 8 Section 2 Accountability of the Duty Holder 15 Section 3 Consultation 27 Section 4 Risk Assessment 31 Section 5 Marine safety Management Systems (MSMS) 42 Section 6 Emergency Preparedness and Response 47 Section 7 Conservancy 61 Section 8 Management of Navigation 76 Section 9 Pilotage 99 Section 10 Towage Operations 117 Section 11 Marine Services 123 Section 12 Professional Qualifcations and Competencies for Port Marine Personnel 129 Section 13 Accident Reporting & Investigation 138 Annex A Components of a Marine safety Management System 148 Annex B SMS Manual Contents list example 149 Annex C Port Marine safety Code Aidememoire 151 Annex D An example of a training matrix used by ABP 182 Annex E Port Marine Training.

2 Assessment and Certifcation Record Sheet 186 Annex F UK ports and Harbours information form 188 Annex G Example of a Port Passage Plan 189 Annex H Pilot Training Matrix 194 3 Amendment Record Amendment Amendment Incorporated Revision history Number: date: by: 1/2007 10/2007 DfT Replaced section pilot exemption certifcates and inserted the PEC criteria table. Replaced First published Oct 2007 by the MCA under MIN 307(M) 1/2009 08/2009 DfT Various changes to update the GTGP following the Refresh project. 2/2009 09/2009 DfT Correction to contents page 12/2012 01/2013 DfT Various changes and text incorporated The Designated Person safety Management System - Capability of the Port PMSC Recommendations - IMO Resolution - Bridge Team & Pilot PMSC 15-3-3 (a) Port Marine safety Code and Guide to Good Practice on Port Marine Operations Aide-m moire For attending MCA Offcers & Harbour Authorities 7/2013 7/2013 DfT Amendments to 11/2014 11/2014 MCA/DfT Amendments to ; ; (General Directions) ; ; (General Harbour & Pilotage Directions) ; (Search & Rescue).

3 ( Harbour Authority safety Management Powers) ; (Harbour Directions) & (Conditions Governing use of PEC) 3/2015 3/2015 MCA/DfT Tug Crews. 2/2017 01/2017 MCA/DfT All chapters were reviewed by a working group under the Steering Committee. Section 4 was split into two and Section 13 renamed. All cleared by the MCA/DfT. 2/2018 2/2018 MCA/DfT Updates of dead links and minor corrections to section 1, 6, 7, 9,10, 11, 12 and 13: , , , , , , , , , , , , , , , Glossary Term or acronym: Description: AIS Automatic Identifcation System ACOP Approved Codes of Practice AtoN Aid to Navigation CHA Competent Harbour Authority CHIRP Confdential Hazardous Incident Reporting Programme the Code refers to The Port Marine safety Code COMAH Control of Major Accident Hazard Regulations DfT Department for Transport DRA Dynamic Risk Assessment DGHAR Dangerous Goods in Harbour Area Regulations EU European Union FEPA Food and Environment Protection Act 1985(FEPA)

4 GLA General Lighthouse Authority GPS Global Positioning System the Guide refers to The Guide to Good Practice on Port Marine Operations HSE Health & safety Executive IMO International Maritime Organisation incident Refers to an accident or a near miss IALA International Association of Lighthouse Authorities LLA Local Lighthouse Authority LPS Local Port Service MCA Maritime & Coastguard Agency MAIB Marine Accident Investigation Branch MAPD Major Accident Prevention Document Marine Operations For the purposes of this Guide , Marine Operations have been taken to mean the moving, berthing and unberthing of ships and other Marine craft within the limits and approaches of a harbour authority.

5 MBES Multi Beam Echo Sounder 4 5 A Guide to Good Practice on Port Marine OperationsTerm or acronym: Description: OPRC The Merchant Shipping (Oil Pollution Preparedness Response and Co-operation Convention) Regulations 1998 Organisation Competent Harbour Authorities (authorities responsible for managing a pilotage service), Municipal Port or Harbour Authorities, Trust Port or Harbour Authorities, Private Port or Harbour Authorities, and Marine berths, terminals or jetties PEC Pilotage Exemption Certifcate PMSC Port Marine safety Code SBES Single Beam Echo Sounders SMCP Standard Marine Communication Phrases SMS safety Management System SOSREP Secretary of State s Representative STCW International Convention on Standards of Training.

6 Certifcation and Watch keeping for Seafarers SWL Safe Working Load UKHO United Kingdom Hydrographic Offce UKMPA United Kingdom Maritime Pilots Association UHF Ultra High Frequency (part of the radio-spectrum used for communications and data transmission) Health Check An intelligence led investigation to test a port s compliance with the Port Marine safety Code VTMS Vessel Traffc Management System VTS Vessel Traffc Service 6 Introduction This document is intended to supplement the Port Marine safety Code. It contains useful information and more detailed guidance on a number of issues relevant to the management of ports and other Marine facilities.

7 The Code and this Guide are applicable both to statutory harbour authorities and to other Marine facilities which may not necessarily have statutory powers and duties. These are collectively referred to in the Code as organisations , and may include, but not be limited to, the following examples: Competent Harbour Authorities (authorities with statutory pilotage responsible for managing a pilotage service) Municipal Port or Harbour Authorities Trust Port or Harbour Authorities Private Port or Harbour Authorities Marine berths, terminals or jetties Whilst applicable to all ports the Guide should be applied reasonably and proportionately to each port.

8 It is designed to provide general guidance and examples of how an organisation could meet its commitments in terms of compliance with the Code. This Guide should not be viewed as the only means of complying with the Code and for some organisations; it may not be the best means of achieving compliance. Exposure from failing to comply with best Practice The following extract is from a successful prosecution of a harbour authority which was found to fail in its duty to adequately implement four foundational elements of PMSC compliance. This case demonstrates the importance that courts may place on authorities or organisations adopting industry best Practice and the exposure that they may face if they fail to take adequate steps towards compliance.

9 The harbour authority was subsequently fned for contraventions under section 3(1) of the Health and safety at Work Act 1974: To the charge that it was the Port Authority s duty under the Health and safety at Work etc. Act 1974, Section 3, to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, that persons not in their employment who may be affected by the conduct of the Harbour Authority s undertaking were not exposed thereby to risks to their health or safety . Part of the indictment read that: You failed to provide a safe system of work in that you did fail to provide a safety Management System to reduce to a level as low as reasonably practicable the risks associated with Marine Operations in the Harbour Area, in terms of the Port Marine safety Code, and failed to appoint a suitable individual or individuals to share the function of 7 A Guide to Good Practice on Port Marine Operations Designated Person to provide you as the duty holder with independent assurance that your safety Management System was working effectively and to audit your compliance with the Port Marine safety Code.

10 Like the Code, the Guide does not have any legal force, though it does refer to existing legal powers and duties. Further, while it describes typical legal powers and duties, it is not practicable for this Guide to cover the specifc legal position for each harbour authority or organisation, and it should not be relied on for that purpose. The Guide has been developed with representatives from industry, the DfT, and the MCA. The Guide is designed to be a living document; one that will be maintained by the ports industry and can be reviewed and updated on an annual basis. 8 Section 1: The Legal Background Introduction This section provides guidance on the following: Reviewing a harbour authorities powers/legal status, including associated polices and procedures Directions and byelaws Harbour revision orders Licensing Enforcement Summary This section is primarily directed towards harbour authorities, other organisations may however want to consider what legal powers and duties they have or should seek in order to promote navigation safety .