The Investigations Department investigates
all reportable marine casualties, violations of law or regulation, and
acts of misconduct or negligence by licensed or documented merchant
mariners. These investigations seek to determine cause and detect
violations of law/regulation, which contributed to the cause of the
casualty. They also process the necessary paperwork for civil penalty
action cases resulting from violations of inspection laws and the
negligent operation of vessels. Additionally, they investigate
and present before the Administrative Law Judge, when appropriate,
suspension and revocation-related issues involving: alleged misconduct;
negligence; incompetence by merchant mariners; and violations of
dangerous drug laws. The department also actively audits the
Marine Employer Chemical Testing Program to ensure compliance with
these important regulations.
We investigate marine casualties and accidents to determine the causal
factors, so that through regulation and education we might prevent
similar incidents from recurring. We also investigate these incidents
to collect evidence of misconduct, negligence, or violation of law or
regulation by Coast Guard licensed, certificated, or documented members
of the Merchant Marine. In these cases, we present our case before an
Administrative Law Judge (ALJ) who can suspend or revoke a
mariner’s license, or we work with the mariner to develop a joint
motion, or mutually agreed upon sanction.
Causes of marine accidents and casualties:
Title 46 Code of Federal Regulations, Part 4 provides a definition of
reportable marine casualties.
Alleged misconduct or negligence by Coast
Guard licensed, certificated, or documented members of the Merchant
Marine. If appropriate, mariners are charged to appear before an ALJ.
Alleged violations of laws and regulations applicable to the maritime industry.
Damage to aids to navigation.
Certain recreational boating deaths, waterfront facility casualties, and others as directed.
Reports of load line violations.
REPORTING PROCEDURES
The owner, agent, master, operator, or person in charge is required to
report all marine casualties to the local Coast Guard. There are two
types of reports required:
An IMMEDIATE
report to the nearest Coast Guard Marine Safety Unit, Marine Inspection
Office, or Coast Guard Group Office is required after addressing the
resultant safety concerns. IMMEDIATE reports are required for the
following casualties:
Unintended grounding, or unintended strike of (allision with) a bridge;
An intended grounding or allision with a bridge causing a hazard to navigation, the environment, or the safety of a vessel;
A loss of main propulsion or steering;
A loss of life;
Injuries requiring professional medical
treatment (treatment beyond first aid), and for
crew members aboard commercial vessels, any
injury rendering the individual unfit to perform their routine duties;
Any occurrence causing damage in excess of
$25,000 (to include the cost of labor and material required to
restore the property to its condition before the
occurrence).
WRITTEN REPORTS ARE REQUIRED:
Within five (5) days of the incident. This
WRITTEN report must be delivered to a Coast Guard Marine Safety Unit or
Marine Inspection Office. It must be provided on a Form CG-2692 (Report
of Marine Accident, Injury or Death), supplemented as necessary by
appended Forms CG-2692A (Barge Addendum) or CG-2692B (Report of
Required Chemical Drug and Alcohol Testing Following a Serious Marine
Incident).
For each marine casualty requiring a report, the
marine employer shall determine whether there is evidence of alcohol or
drug use by individuals directly involved in the casualty. It is the
responsibility of the marine employer to file a written report which:
Identifies the individuals for whom evidence of drug or alcohol use has been obtained;
Specifies the method used to obtain such
evidence, such as personal observation of the individual, or chemical
testing of the individual.
For Serious Marine Incidents, drug and alcohol testing is REQUIRED.
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