Maritime safety or marine safety, focuses on preventing loss to people, vessels, and cargo at sea. Maritime safety developed due to the unique risks that shipping and dock workers face.
In this post, we will cover:
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international maritime safety oversight organizations,
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US maritime safety and,
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Texas Water Safety
Maritime Safety Oversight (International Maritime Organization)
Shipping has been a major part of the world’s economy for centuries. Current safety measures , derive from centuries of international maritime law. These standards have been cobbled together from various countries over time.
The maritime industry put together some of the first comprehensive international standards. These are outlined in the International Maritime Organization (IMO).
Adopted in 1959, the IMO set out provisions regarding:
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maritime traffic regulations,
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handling procedures for dangerous cargo,
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search and rescue codes, and
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how to manage collisions in international waters.
The IMO also maintains committees that focus on
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ship design and construction,
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ship systems and equipment, and
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training crew members on vessel safety measures.
Specific aspects of IMO include:
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Cargo Security and Storage Code: Describes regulations for securing containers, motor vehicles, and other large items safely on board
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Collision Regulation (COLREG): Provides oversight for navigation protocols
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International Aeronautical and Maritime Search and Rescue Manual (IAMSAR): Published in conjunction with the Civil Aviation Organization to outline “search and rescue” procedures during an emergency
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International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW): Addresses training, certifications, medical requirements, and work/rest schedules for merchant ship crews
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International Life-Saving Appliance (LSA) Code: Provides technical guidance on equipment and gear ships must carry to prevent injury and loss of life
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MARPOL Code: Regulates levels of dangerous and polluting substances ships can emit into the ocean.
IMO is based on the International Convention for the Safety of Life at Sea (SOLAS), which originated in 1914 in response to the Titanic disaster of 1912.
Among other things, SOLAS describes merchant ship inspection schedules, crew training and certification requirements, and required life-saving equipment for ocean-going vessels.
U.S. Laws Regulating Safety on Ships at Sea
The United States also has two main laws that regulate maritime safety within its waters. These laws also provide guidance for sailors and their families who seek compensation for injury or death that occur onboard. The two laws are the Death on the High Seas Act (DOHSA) and the Doctrine of Unseaworthiness.
When a sailor dies at sea due to another party’s negligence, the decedent’s estate can file legal action to recover losses under DOHSA. These losses may include loss of the deceased’s income, medical expenses, and loss of companionship.
DOHSA applies to any vessel under U.S. jurisdiction where the death happened within three nautical miles of the coast. It also covers aviation deaths that occur more than 12 nautical miles out to sea from the U.S. coast.
The Doctrine of Unseaworthiness is a ruling provided by the Ninth Circuit Court of the United States. It mandates that vessel owners owe a legal duty to their crews and passengers to maintain seaworthy vessels.
Maritime Safety Also Applies to Passenger Vessels
The U.S. Coast Guard enforces federal and state laws regarding recreational boating. Private boaters must obey regulations regarding alcohol use, safety equipment, and navigation rules.
Texas Boating Safety
You do not need a separate license to operate a boat in Texas, but you must attend a boater’s education course if you were born after September 1, 1993. The TPWD also recommends equipping all boats with the following items:
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life jackets
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anchor with a line
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At least two paddles
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Bailing bucket
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First aid kit
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Flashlight with extra batteries
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Knife
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Motion sickness preventatives
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Snorkeling mask
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Very High Frequency (VHF) Marine Radio
Nearly every accident on or near the water can be traced to human negligence or carelessness. That is why maritime safety regulations are important for all boat operators to be aware of.
Texas Water Safety Act
The Texas Water Safety Act applies to all waterways and lakes in the state, overseen by the Texas Parks and Wildlife Department (TPWD).
The TPWD publishes a Water Safety Act Guide about requirements for safety gear, alcohol consumption, and safe practice.
A boat driver caught boating while intoxicated may have their driver’s license revoked.