Appendix E MSMS
Argyll and Bute Council · 31 August 2023
Back to Argyll and Bute Harbour Board — 31 August 2023 and its agenda
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Appendix E MSMS MARINE SAFETY MANAGEMENT SYSTEM Volume I POLICIES & STATEMENTS
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Appendix E MSMS MARINE SAFETY MANAGEMENT SYSTEM
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Appendix E MSMS DOCUMENT APPROVAL Designation Name Signature Date Duty Holder, Director of Development & Infrastructure Kirsty Flanagan Marine Operations Manager Scott Reid MARINE OPERATION PROCEDURES – DISTRIBUTION LIST NO Name Role 1 Kirsty Flanagan Duty Holder, Executive Director of Development & Infrastructure Services 2 Jim Smith Head of Roads & Infrastructure Services 3 Scott Reid Marine Operations Manager 4 Allan Finlay Technical Officer 5 Alex Leslie Technical Officer 6 Stephen Scally Harbour Master (for sharing with all harbour staff) 7 Vicki McKenzie Harbour Master (for sharing with all harbour staff) 8 Paul Lambert Harbour Master (for sharing with all harbour staff) 9 Peter Welsh Harbour Master (for sharing with all harbour staff) 10 Gavin Walker Kilcreggan Pier master (for sharing with all pier staff) 11 Julie Hendry Admin. Officer Marine and Ferries Operations 12 Monty Smedley Designated Person, ABPmer 13 HB Member 14 HB Member 15 HB Member 16 HB Member 17 HB Member 18 HB Member 19 HB Member 20 HB Member
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Appendix E MSMS
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Appendix E MSMS MARINE SAFETY MANAGEMENT SYSTEM – DOCUMENT RECORD Revision No. Amendment Date By Revision History Draft Jan 2023 SR Document created – Draft for review 01 xxx 2023 HB Harbour Board approval 02 03 04 05 06 07 08 09
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Appendix E MSMS ABBREVIATIONS ALARP As low as reasonably practicable CHA Competent Harbour Authority DP Designated Person (Port Marine Safety Code) PMSC Port Marine Safety Code FRA Formal Risk Assessment HSE Health and Safety Executive MAIB Marine Accident Investigation Branch NLB Northern Lighthouse Board SHA Statuory Harbour Authority
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Appendix E MSMS Table of Contents DOCUMENT APPROVAL ................................................................................................................ 3 MARINE OPERATION PROCEDURES – DISTRIBUTION LIST .............................................................. 3 MARINE SAFETY MANAGEMENT SYSTEM – DOCUMENT RECORD .................................................. 5 ABBREVIATIONS........................................................................................................................... 6 1.0 Introduction.................................................................................................................... 10 1.1 About the Harbour Authority .......................................................................................... 11 1.2 Argyll and Bute Council Ports, harbours, piers and slipways ............................................. 11 1.2.1 Bute, Cowal & Clyde..................................................................................................... 11 1.2.2 Kintyre, Islay, Gigha and Jura ........................................................................................ 12 1.2.3 Oban, Mull and the Isles ............................................................................................... 12 1.2.4 Slipways and other locations ........................................................................................ 12 1.3 Argyll and Bute Council Harbour Board ............................................................................ 13 1.4 The Duty Holder.............................................................................................................. 13 1.4.1 Reporting Compliance .................................................................................................. 14 1.5 Policies ........................................................................................................................... 14 1.6 Marine Operational Management Structure .................................................................... 15 1.6.1 Head of Roads and Infrastructure Services .................................................................... 16 1.6.2 Marine Operations Manager ........................................................................................ 16 1.6.3 Marine Technical Officer ............................................................................................. 17 1.6.4 Harbour Masters.......................................................................................................... 18 1.6.5 Pier Masters ................................................................................................................ 18 1.6.6 Assistant Harbour/Pier Masters .................................................................................... 19 2.0 Designated Person .......................................................................................................... 20 3.0 National Port and Maritime Legislation ........................................................................... 21 3.1 National Port and Maritime Legislation ........................................................................... 21 3.2 Local legislaton for Ports (Acts and Orders) ...................................................................... 21 4.0 Delivery of Council Duties and Powers ............................................................................. 23 4.1 Marine Operations and control of the Safety Management .............................................. 23 4.2 Local Port Services .......................................................................................................... 23 4.3 Pilotage .......................................................................................................................... 23 4.4 Emergency Preparedness ................................................................................................ 24 4.4.1 Oil Pollution Preparedness ........................................................................................... 24 4.4.2 Emergency Organisation And Management responsibility .............................................. 25 4.4.3 SOSREP ....................................................................................................................... 25 4.4.4 Dangerous Goods in Harbour Areas Regulations 2016 .................................................... 26
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Appendix E MSMS 4.4.5 Explosives.................................................................................................................... 26 4.4.6 Civil Contingencies ....................................................................................................... 27 4.5 Incidents......................................................................................................................... 27 4.5.1 Minor Incidents ........................................................................................................... 27 4.5.2 Major Incidents ........................................................................................................... 28 4.5.3 Incident Procedures ..................................................................................................... 28 4.6 Accident and Incident Investigation ................................................................................. 29 4.7 National Regulatory Framework ...................................................................................... 29 4.8 Statutory Reporting Requirements .............................................................................. 30 4.9 Enforcement Procedure .................................................................................................. 31 4.9.1 The Need to Enforce .................................................................................................... 31 4.9.2 The Enforcement Options............................................................................................. 32 5.0 Marine Risk Management ............................................................................................... 34 5.1 Marine/Navigational Risk Assessments ........................................................................... 34 5.1.1 Risk Controls ...................................................................................................................... 35 5.1.2 Future Risk Controls ........................................................................................................... 36 5.1.3 Update of Marine/Navigational Risk Assessments ................................................................ 36 5.2 Dynamic Risk Assessment................................................................................................ 37 6.0 The Marine Safety Management System (MSMS)............................................................. 38 6.1 Structure of the MSMS .................................................................................................... 38 7.0 Review and Audit ............................................................................................................ 39 7.1 Review of the Safety Management System ...................................................................... 39 7.2 Internal Review............................................................................................................... 39 7.3 External Audit of Code Compliance Statement ................................................................. 39 7.4 Audit .............................................................................................................................. 40 7.5 Management of Change .................................................................................................. 40 7.6 Document Control ................................................................................................................ 41 8.0 Competence and Training................................................................................................ 42 8.1 Training Matrix ........................................................................................................... 42 9.0 Marine Safety Plan.......................................................................................................... 43 9.1 Measuring Performance .................................................................................................. 43 9.1.1 Active Systems............................................................................................................. 43 9.1.2 Reactive Systems ......................................................................................................... 44 10.0 Conservancy ................................................................................................................... 45 10.1 Hydrographic Survey ....................................................................................................... 45 10.2 Dredging ......................................................................................................................... 45
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Appendix E MSMS 10.3 Aids to Navigation........................................................................................................... 46 10.4 Wrecks and Abandoned Vessels ...................................................................................... 46 8.2 Training Plan Responsibilities ...................................................................................... 46
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Appendix E MSMS 1.0 Introduction The Port Marine Safety Code (‘the Code’) sets out the UK national standard for every aspect of port marine safety. Its aim is to enhance safety for everyone who uses, or works in, the UK port marine environment. It is authored by the UK Government, supported by the devolved administrations and representatives from across the maritime sector and, whilst the Code is not mandatory, these bodies have a strong expectation that all harbour authorities will comply. The Code is applicable both to Statutory Harbour Authorities and to other marine facilities, which may not have statutory powers; these are collectively referred to throughout the Code as ‘organisations’. To ensure compliance with The Code, Harbour Authorities and marine asset owners must address the following measures (so far as they are applicable to the size and function of each facility): No PMSC Duty Holder Responsibilities PMSC Section Reference 1 Duty Holder Formally identify and designate the Duty Holder, whose members are individually and collectively accountable for compliance with the Code and their performance in ensuring safe marine operations in the harbour and its approaches. 1.6-1.8, 1.10, 1.16-1.17 2 Designated Person A ‘Designated Person’ must be appointed to provide independent assurance about the operation of the marine safety management system. The designated person must have direct access to the Duty Holder. 1.11-1.12 3 Legislation The Duty Holder must review and be aware of their existing powers based on local and national legislation; seeking additional powers if required in order to promote safe navigation. 2.3-2.6, 4.3-4.5 4 Duties and Powers Comply with the duties and powers under existing legislation as appropriate. 1.3-1.5, 1.9, 1.13-1.15, 3.1-3.14, 4.2, 4.6-4.20, 4.25-4.32 5 Risk Assessment Ensure all marine risks are formally assessed and are eliminated or as low as reasonably practicable in accordance with good practice. 2.7-2.11 6 Marine Safety Management System Operate an effective marine safety management system which has been developed after consultation, is based on formal risk assessment, and refers to an appropriate approach to incident investigation. 2.12-2.17, 2.19-2.23, 2.25, 2.29 7 Review and Audit Monitor, review and audit the risk assessment and marine safety management system on a regular basis – the independent designated person has a key role in providing assurance for the Duty Holder. 2.2, 2.24, 2.30-2.32 8 Competence Use competent people (i.e. trained, qualified and experienced) in positions of responsibility for managing marine and navigation safety. 2.18 9 Plan Publish a safety plan showing how the standard in the Code will be met and a report assessing the performance against the plan at least every 3 years. 2.26-2.28 10 Aids to Navigation Comply with directions from the General Lighthouse Authorities and supply information and returns as required. 4.21-4.24 This Marine Safety Management System (MSMS) along with its procedures and guidelines fulfil the requirements of the Code to publish an MSMS.
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Appendix E MSMS 1.1 About the Harbour Authority Argyll and Bute Council is a Statutory Harbour Authority at seven locations and a marine asset owner at a further 29 marine facilities located throughout the Council area. The Council’s Statutory Harbour Authorities are namely: 1. Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’. 2. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to 1906’. 3. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’. 4. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’. 5. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. 6. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’. 7. Port Askaig, by virtue of the ‘Islay Piers Order 1904’. In addition, the Council is also the Competent Harbour Authority in respect of Pilotage, under the requirements of the Pilotage Act 1987, at: Campbeltown Harbour. Argyll and Bute Council manages these ports, harbours and piers as the Statutory Harbour Authority (SHA) and Local Lighthouse Authority (LLA). Additionally, the Council is the Marine Asset Owner at a further 29 piers, jetties and slipways with a range of duties and responsibilities described in the Port Marine Safety Code, health and safety, environmental and maritime legislation and guidance. 1.2 Argyll and Bute Council Ports, harbours, piers and slipways The following locations are grouped into regions and include both SHAs and marine facilities. 1.2.1 Bute, Cowal & Clyde 1. Rothesay Harbour (Bute) [Statutory Harbour Authority] 2. Tighnabruaich Pier (Kyles of Bute) 3. Dunoon [Statutory Harbour Authority] Dunoon Harbour Pier Dunoon Harbour Jetty 4. Kilcreggan Pier 5. Helensburgh Pier
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Appendix E MSMS 1.2.2 Kintyre, Islay, Gigha and Jura 6. Campbeltown Harbour (Kintyre) [Statutory & Competent Harbour Authority] Campbeltown old quay Campbeltown new quay Campbeltown Marina Dalintober Jetty 7. Carradale Harbour (Kintyre) [Statutory Harbour Authority] 8. Tayinloan Ferry Slip (Kintyre) 9. Gigha Ferry Slip (Gigha) 10. Gigha South Pier (Gigha) 11. West Loch Tarbert (Kintyre) 12. Port Askaig (Islay) [Statutory Harbour Authority] 13. Bruichladdich Pier (Islay) 14. Port Charlotte (Islay) 15. Craighouse Pier (Jura) 16. Feolin Ferry Slip (Jura) 1.2.3 Oban, Mull and the Isles 17. Oban Harbour [Statutory Harbour Authority] Port Beag Slip North Pier Times Slip 18. Port Appin 19. Lismore Point (Lismore) 20. Ellenabeach Pier (Seil) 21. Cuan South Slip (Seil) 22. Cuan North Slip (Luing) 23. Easdale Slips (Easdale) 24. Craignure Pier (Mull) [Statutory Harbour Authority] 25. Bunessan Pier (Mull) 26. Fionnaphort Ferry Slip (Mull) 27. Iona Ferry Slip (Iona) 1.2.4 Slipways and other locations 28. Achnacroish Pier (Lismore) 29. Achnacroish Ferry Slip (Lismore) 30. Arinagour Old Pier (Coll) 31. Crinan Ferry Slips (Crinan) 32. Crinan Harbour Quay (Crinan) 33. Keills Mainland (Sound of Jura) 34. I Lagg (Jura / Sound of Jura) 35. Otter Ferry (Loch Fyne) 36. St.Catherine’s Slip (Upper Loch Fyne)
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Appendix E MSMS 1.3 Argyll and Bute Harbour Board Argyll and Bute Council (the full Council) recognises that it is the Statutory Harbour Authority and marine facility operator for all its harbours, piers and slipways under its ownership and has delegated that function to the Harbour Board. The members of the Harbour Board have responsibility for providing policy direction to the officers and others involved in the operational management and use of these facilities, and for scrutinising the implementation of these. Members of the Harbour Board receive specialist training to enable them to discharge their duties in respect of the Port Marine Safety Code. The Argyll and Bute Harbour Board is responsible for the proper exercise of its legal duties as a Harbour Authority. The Duty Holder has the responsibility for ensuring that Argyll and Bute Council’s policies as Harbour Authority are delivered. Argyll and Bute Council, as Harbour Authority, has powers to appoint personnel, including its Harbour Masters, to manage the operation of the harbour area. The Harbour Board has a number of powers, duties and responsibilities:- a) Development and maintenance of its harbours and marine assets to meet the requirements of port users and safe marine operation of its assets. b) Development and implementation of appropriate policies and plans. c) Approve the publication of the Marine Safety Plan in achieving its Policies. d) A duty to adopt appropriate powers as required for effective enforcement of its statutory duties (Harbour Bye-laws, directions) and review these periodically. e) Responsibility for recommending harbour dues at a level, which adequately funds the discharge of its duties. f) Powers to appoint Harbour Masters. g) Appointment of a suitable Designated Person, to provide assurance that its Marine Safety Management System is operated effectively. 1.4 The Duty Holder The Argyll and Bute Harbour Board has assigned the post of Duty Holder to the Executive Director, Development and Infrastructure Services. The Duty Holder’s principal requirements are:
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Appendix E MSMS a) Discharges the duties and exercises the powers given to them, both directly and by delegation, as they consider appropriate. b) Discharges the function of "Duty Holder" by delivering the policy set by the Harbour Board, and as defined in the PMSC. c) Makes recommendations to the Harbour Board and other appropriate committees within the Council, including the role of Designated Person. d) Appoint competent people to manage marine safety. e) Reviews the performance of Argyll and Bute Council against its marine strategic and operational objectives, plans, and budgets. f) Ensure that the management of marine safety continuously improves by publishing a marine safety plan and reporting performance against the objectives and targets set. g) Report compliance with the Code to the MCA every three years. 1.4.1 Reporting Compliance Every three years (or as often as directed by Government policy), the Duty Holder will sign a statement describing the Council’s compliance with the latest version of the Code. If the Organisation is not compliant, or not fully compliant, the statement will describe the Council’s intentions for achieving compliance, including the planned timescales. 1.5 Policies Argyll and Bute Council has developed Policies to ensure its Marine Operations are safe and in compliance with the Port Marine Safety Code. Policy is set and agreed by the Argyll Bute Harbour Board. The Duty Holder is responsible for implementing the Council’s policy. The primary purpose of these Policies is to provide an overall standard for marine operations throughout Argyll and Bute Council areas of jurisdiction. The following policies are in place: 1. Council Health and Safety Policy. 2. Marine Conservancy & Hydrographic Policy. 3. Navigational Safety, Pilotage & Towage Policy. 4. Marine Training Policy. 5. Enforcement and Prosecution Policy. 6. Training Policy
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Appendix E MSMS 1.6 Marine Operational Management Structure Structure of Marine Operational Management.
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Appendix E MSMS 1.6.1 Head of Roads and Infrastructure Services Responsible to the Executive Director, Development and Infrastructure Services for: a) Leading the delivery and provision of Marine Operations ensuring that appropriate a Marine Safety Management System are in place to deliver high quality services and best value to service users, and that agreed plans are implemented efficiently and effectively. b) To work cooperatively with others (including external organisations where appropriate) to meet and maintain the objectives of the Marine Safety Management System. c) To provide effective management and team leadership. d) To proactively manage the health and safety of employees and ensure that all key elements of health and safety management are in place. e) To demonstrate resilience and integrity and lead through challenging circumstances. f) To develop service plans and continually review performance, striving to improve the quality and efficiency of Marine Operations. g) To recruit and train competent employees including the Marine Operations Manager. 1.6.2 Marine Operations Manager Responsible for the overall management of the Council’s Marine services, ensuring that an appropriate Marine Safety Management System is in place to deliver high quality services and best value to service users, and that agreed plans are implemented efficiently and effectively. In addition, introduce continuous improvement in the performance of the service, responding positively to statutory, and other external and internal requirements. In relation to Marine operations, ensure that: a) All Council piers and harbours are safe for operational use by mariners, including infrastructure and navigational aids. b) All ferry vessels are compliant and certificated for public service, including arranging for the annual inspections and maintenance. c) Ferry crews are appropriately qualified. d) Ferry timetables meet the needs of relevant communities. e) Those facilities which are ISPS approved remain compliant. f) Any necessary actions are taken as a result of attending Port Security meetings.
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Appendix E MSMS g) The Council has a validated oil pollution response plan for harbours and the coastal environment. 1.6.3 Marine Technical Officer Support the Marine Operations Manager to develop the team’s strategic objectives and service plans by working in partnership with colleagues (within and outwith the service) and by taking personal responsibility for planning how these are delivered effectively and efficiently to service users. In particular, take responsibility for: a) Assisting the Marine Operations Manager in developing a strategy to grow the business and operate as efficiently as possible. b) Engaging with Members and main users of the service. c) Setting up systems to monitor service delivery and link in with the Performance Management System reporting system. d) Continually reviewing how the service is delivered – by monitoring systems / consultation / market research. e) Gathering information to assist in the production of service plans / reports. f) Day to day management of ferry service delivery including conducting ‘on the spot’ audits, conducting internal audits of the Marine Safety Management System, managing staffing rotas, arranging the provision of stores, spares and oils and monitoring contract delivery g) Keep information relating to ferry time tables, fares and other general Marine Services activities listed on the Council website up to date and review published information on a regular basis. h) Ensure ferry timetables meet the needs of relevant communities including regularly attending local Community Council and Ferry User Group meetings to provide updates and address concerns and queries. i) Ensure ferry crews are appropriately qualified, fully inducted into the position held and receive relevant training to maintain qualifications and standards of customer care j) Ensure all ferry vessels are compliant and certificated for public service, including arranging for the annual inspections and maintenance programme k) Assist with the supervision of refits of the council ferries l) Participate in a scheduled Designated Person Ashore rota as required by Marine Operations Manager m) Assist with the design, implementation and control of management systems n) Assist with the setting of appropriate and measurable performance targets and keep under review
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Appendix E MSMS o) Consult with stakeholders and, on occasion, carry out market research and community engagement exercises as directed p) Compile reports to senior management and attend meetings as required. q) Liaison with MCA for audits, refits and oil pollution incidents as required r) In addition, represent Marine Services on relevant external bodies/committees when appropriate and ensure that all regulations and procedures (including the Council’s Standing Orders and Financial Regulations) are adhered to. 1.6.4 Harbour Masters Harbour Masters and their Assistants are appointed by the Harbour Authority to support the Marine Operations Manager to develop the team’s service plans by working in partnership with colleagues (within and out with the service) and by taking personal responsibility for planning how these are delivered effectively and efficiently. In particular to take responsibility for: a) Implementing Argyll and Bute Council’s Marine Safety Management System. b) Navigation Risk Assessments. c) Compliance with Port Marine Safety Code. Harbour Masters and their Assistants will assist the Marine Operations Manager to ensure that high quality services and best value are delivered to service users by ensuring that all agreed plans are implemented efficiently and effectively. In particular: a) Local byelaws and General Directions. b) Compliance with the Marine Safety Management System in their ports and harbours. c) Issuing Local Notices to Mariners. d) Advising mariners of available water depths on approaches and in berths. e) Health & Safety legislation. f) Control of berthing and departure, loading, unloading, mooring of vessels. g) The safety of all Harbour users, staff and members of the public. h) Keeping records of all shipping movements. i) To liaise with the Statutory Bodies as required. j) To liaise with the Emergency Services as required. k) Monitoring of Safety Traffic and Operation of VHF radio as required. l) To ensure harbour/pier is kept clean, tidy and safe for public use and that all safety equipment is in good working order. m) To inspect berths to ensure no obstruction to berthing. 1.6.5 Pier Masters
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Appendix E MSMS The Authority appoints Pier Masters who runs specific pier facilities. Pier Masters also assist the Marine Operations Manager to ensure that high quality services and best value are delivered to service users by ensuring that all agreed plans are implemented efficiently and effectively. 1.6.6 Assistant Harbour Masters The Authority appoints Assistant Harbour Masters who aid and support the relevant Harbour Master in the operation of the port, harbour or pier. The Assistant Harbour Masters are vested with the same statutory discretions as the Harbour Master and are authorised to deputise in the Harbour Master’s absence.
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Appendix E MSMS 2.0 Designated Person In meeting its obligations under the PMSC, Argyll and Bute Harbour Board has appointed a ‘Designated Person’, who maintains a right of direct access to the Duty Holder. The role of the Designated Person for Argyll and Bute Council is: a) Provide independent assurance that the Marine Safety Management System is effevtive; and b) Provide the Duty Holder and Harbour Board with independent and professional advice regarding Argyll and Bute Council’s overall compliance with the requirements of the PMSC. The Designated Person will provide an annual statement to the Duty Holder and Harbour Board about the state of compliance with the most recent version of the Port Marine Safety Code. The Designated Person must test the effectiveness of the Marine Safety Management System, through objective evidence, obtained from internal and external auditing.
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Appendix E MSMS 3.0 National Port and Maritime Legislation All Harbour Authorities and marine facility owners are required to follow relevant legislation. This is split into National legislation and local legislation (specific to each individual port, harbour or pier). Ports policy is a devolved matter in Scotland. Marine safety is a reserve matter and applied UK wide. The following sections identify the relevant national port and maritime legislation and local acts and orders, relevant to individual Council ports, harbours and piers. 3.1 National Port and Maritime Legislation Harbour Authorities have a range of statutory and non-statutory duties and powers relating to marine operations. The Council has a Duty of reasonable Care to its harbour users and will ensure the safety at work of employees and other persons who may be affected by the Authority's activities as far as is reasonably practicable to do so. Principal legislation relevant to ports, harbours, piers and slipway marine operations include: Harbours, Docks and Piers Clauses Act, 1847 Harbour Act, 1964 Merchant Shipping Act, 1995 Health and Safety At Work Act, 1974 Marine Scotland Act 2010 (see note). Note: Under the ‘Marine Scotland Act 2010’ Scottish Ministers are responsible for marine licensing and enforcement in the Scottish Inshore Region (out to 12 nautical miles). This includes waters of estuaries and tidal rivers, as far as the tide flows from the Mean High Water Spring (MHWS). Marine Scotland is responsible for the integrated management of Scottish waters alongside Scottish Natural Heritage (SNH) and the Scottish Environment Protection Agency (SEPA). Marine Licensing is managed by the Marine Scotland Licensing Operations Team (MS LOT). 3.2 Local legislaton for Ports (Acts and Orders) The Council’s local acts and orders relevant to ports, harbours, piers and slipway marine operations include: Oban North & South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to 1906’. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’.
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Appendix E MSMS Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’. Port Askaig, by virtue of the ‘Islay Piers Order 1904’. The Council will seeks to regulate, as far as is reasonably practicable, all activities throughout its Piers and Harbours ensuring that all National Legislation, Local Bylaws and Directions are enforced and complied with.
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Appendix E MSMS 4.0 Delivery of Council Duties and Powers Argyll and Bute Council as Harbour Authority and a marine facility owner and operator, is required to comply with its duties and powers laid out under existing national and local legislation, as appropriate. 4.1 Marine Operations and control of the Safety Management Marine Operations within the Argyll and Bute Council are diverse and range from small leisure craft to large cargo vessels and numerous Passenger and Vehicle Ferry Services. Fishing Vessels are also regular users of the, Council Ports of Campbeltown Oban and Rothesay, as well as some of the smaller quays within the Council’s area of jurisdiction. The Marine Safety Management System aims to provide for the safe use of Piers, Harbours, Quays and slipways by all vessels and users. The Marine Safety Management System does not replace any appropriate legal or administrative requirements laid down by The Health and Safety Executive, Maritime and Coastguard Agency (etc) , it will nonetheless harmonise with other safety, emergency and environmental systems in place. 4.2 Local Port Services Under local Acts of Parliament, Statutory Harbour Authorities have duties to protect their harbours and regulate the approaches to them. The provision of a Local Port Service should be based on the Formal Risk Assessment process, when all mitigating factors have been considered. The Council is content that the level of activity in its harbours can be managed by Local Port Services. Any move to provide an enhanced service will be preceded by a Formal Safety Assessment. Such an Assessment will determine whether a VTS is an appropriate risk control option to enhance the safety of shipping, maritime users, members of the public and the protection of the marine environment. See Marine Guidance Note 401 (M + F) and Marine Guidance Note 401 (M + F) Amendment 3 issued by the Maritime and Coastguard Agency (MCA). 4.3 Pilotage The Argyll and Bute Council (Pilotage Powers) Order 2007 SSI/2007/3 Argyll and Bute Council shall under the Argyll and Bute Council (Pilotage Powers) Order 2007 be a Competent Harbour Authority in respect of the harbour of Campbeltown for the purposes of the Pilotage Act 1987, and as the CHA, authorises Pilots to serve the whole area of jurisdiction as laid out in the Campbeltown Harbour and Burgh Act 1876, and as given in the Pilotage Direction so promulgated.
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Appendix E MSMS Argyll & Bute Council’s responsibility in respect of Pilotage in its Harbours is to: • Ensure that the operation of the Pilotage Services is compliant with National Regulations, Guidelines and Competency Standards. The Council will engage competent and authorised Pilots. • Keep under review its Pilotage Directions to ensure they are fully in accord with the Marine Safety Management System and guidance in the Port Marine Safety Code. • Issue Pilotage Exemption Certificates (PEC) to bona fide deck officer of ships that meet the criteria laid down and monitor the performance and discipline of PEC holders in respect of requirements laid down in Pilotage Directions . 4.4 Emergency Preparedness The PMSC states that the MSMS should include preparations for emergencies and that these should be identified as far as practicable from the formal risk assessment. It also states that these should be published and exercised. The relevant Emergency Response Plans are as detailed in the annexes for each of the main harbours. For pollution response further information is available under the Oil Spill Response Plan that each harbour has implemented as required by the International Convention on Oil Pollution Preparedness, Response and Co-operation Regulations (OPRC), the Plans can be found in individual Harbour Annexes. Argyll & Bute Council also has in place established procedures for emergency situations. Emergency plan exercises take place at regular intervals to familiarise and update staff on these procedures and to test response actions and communication structures. 4.4.1 Oil Pollution Preparedness In accordance with statutory requirements to prepare for and respond effectively to any incident of oil pollution, each Port has an Oil Spill Contingency Plan which has been written in accordance with the requirements of M.S. (Oil Pollution Preparedness, Response and Co-operation Convention Regulations 1998) and has been approved by the MCA. The Plan details the structured response and notification procedures required in the event of an oil pollution incident. Pollution incidents are tiered as follows:
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Appendix E MSMS • Tier 1 - Spills which can be dealt with using the resources retained on site; • Tier 2 - Spills which require mobilisation of additional resources and the Tier 2 oil spill contractors; and • Tier 3 - Spills which require mobilisation of national resources. In the event of an Oil Spill emergency, a response centre would be set up at a predetermined point within the relevant Council office dealing with Tier 2 or Tier 3 oil spills. It will be manned for all Tier 3 incidents and at the discretion of the command team leader for Tier 2 incidents. 4.4.2 Emergency Organisation And Management responsibility The Marine Operations Manager will review the Emergency and Oil Pollution Plans in conjunction with the Harbour Masters and Technical Officers on an annual basis. 4.4.3 SOSREP The role of the Secretary of States' Representative for Maritime Salvage and Intervention (SOSREP) was created in 1999. SOSREP represents the Secretary of State for the Department of Energy and
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Appendix E MSMS Climate Change in relation to offshore installations, and the Secretary of State for the Department for Transport in relation to ships and tankers. The SOSREP is in automatic charge of the emergency response to a serious marine incident. In practical terms, SOSREP will take their decisions based on the advice given by the particular experts in action on the emergency. They will agree the salvage plan provided by the Marine Safety Management System salvage contractors and will require it to be amended in the light of other strong advice. They may ask for additional resources, or call upon other expertise. SOSREP is empowered to Make crucial decisions, often under time pressure, without recourse to a higher authority, where such decisions are in the "overriding UK public interest”. 4.4.4 Dangerous Goods in Harbour Areas Regulations 2016 The entry and presence of dangerous, hazardous and harmful cargoes in port areas and any consequential handling must be controlled to ensure the general safety of the area, the containment of such cargoes, the safety of all persons in or near the port area and the protection of the environment. The safety of life and the safety of a ship, its cargo and all persons on Board in a port area are directly related to the care which is taken with such cargoes prior to loading or unloading and during the handling. All dangerous goods being transported or handled through the port will be handled in accordance with the Dangerous Goods in Harbour Areas Regulations 2016 except that being stored under the COMAH Regulations. The Regional Emergency Plan is maintained to effectively handle emergencies involving dangerous substances. There is also a National Emergency plan that would come into effect in the event of a major Incident that called for National resources and intervention National Emergency Plan. Vessels carrying oil or gas are required to confirm the vessel has no defects by completing a Tanker checklist form prior to berthing. The Harbour Master has the power to prohibit the entry into a port of any vessel carrying dangerous goods, if the condition of those goods, or their packaging, or the vessel carrying them is such as to create a risk to health and safety, and to control similarly the entry on to dock estates of dangerous substances brought from inland. The Harbour Master also has powers to regulate the movement of vessels carrying dangerous goods. Vehicles carrying dangerous goods should only be parked in designated areas. Additional requirements are required for handling radioactive substances (Class 7) and explosives (Class 1). 4.4.5 Explosives Within Argyll and Bute Council Ports and Harbours, a small number of ports have Explosives Licences. This are in place for: Licence Reference Harbour Area XI/1811/100 ARDMINISH GIGHA XI/1811/103 IONA FERRY SLIPWAY
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Appendix E MSMS 4.4.6 Civil Contingencies The Civil Contingencies Act 2004 and the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (as amended) is the legislation that outlines the key organisations and their duty to prepare for civil emergencies within Scotland. All Harbours Emergency Plans have been formulated in accordance with the afore mentioned Acts, and Regulation 26 of the Dangerous Substances in Harbour Areas Regulations 1987 (DSHA) and the Port Marine Safety Code, the Port Security Regulations and the Oil Pollution Preparedness Response and Co-operation Regulations. The plans have been drawn up to deal with emergencies involving; • Fire. • Explosion. • Escape of hazardous substances. • Collision, sinking or stranding of vessels. • Grounding. 4.5 Incidents An incident occurring within Argyll & Bute Council managed harbours will be graded depending on the nature of the incident, the possible effects on life, the environment, the port operations and the level of response required by the relevant Harbour Master, the emergency services and others in the port estate. Each Port has its own Port Emergency Plan. When a marine incident has occurred, the Harbour Master should be informed immediately as per the Port Emergency Plan. 4.5.1 Minor Incidents XI/1811/104 FIONNPHORT FERRY SLIPWAY XI/1811/105 TAYINLOAN FERRY SLIP, KINTYRE XI/1811/96 FEOLIN XI/1811/55 CRAIGNURE PIER
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Appendix E MSMS Minor incidents are those that can be handled within the everyday resources of each of the individual harbours. Although the emergency services or other organisations may be notified or required to assist, such assistance will be routine. 4.5.2 Major Incidents A major incident may be defined as being beyond the normal day-to-day capacity of the Harbour Master and will require the special and extensive mobilization of the Emergency Services. Examples of major incidents may include- • Death or serious injury to any number of people. • Extensive damage or contamination to the environment. • Extensive damage to vessel, installations, berth facilities and quayside equipment. • Serious disruption to the operation of the harbour. • Incident aboard a Vessel. The Master of any vessel which has an incident aboard must immediately inform the Harbour Master and contact the appropriate emergency services. 4.5.3 Incident Procedures Initial Assessment, Response and Alarm Whenever an incident occurs within an Argyll & Bute Council managed harbour, a full initial assessment will be carried out where possible and the response will be tailored to that incident. If necessary the appropriate plan will be activated. All incidents should be reported to the Harbour Master who will alert the appropriate management, engineering/operations staff in line with the appropriate Emergency Procedures. Primary response functions include: • Notification/alerting. • Situation assessment • Strategy development. • Incident management.
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Appendix E MSMS • Response strategy. • Equipment deployment. • Communication support. • Logistics support. • Public affairs/media. • Safety/security. • Legal support. • Vessel casualty. During all incidents, all persons concerned should maintain a log of all communications and actions 4.6 Accident and Incident Investigation Investigations of accidents and incidents have two essential purposes: • To determine the cause of the incident, accident or near miss with a view to preventing a recurrence of that incident or accident. • To determine if an offence has been committed; if so, there may be the need on the part of Argyll & Bute Council to initiate criminal proceedings in their own right or through the agency of another authority such as the Health and Safety Executive (HSE) or the MCA. All minor marine incidents or accidents will be investigated at the discretion of the Harbour Master. All major incidents or accidents will be investigated by an appropriate authority. Any marine incident that involves the waters adjacent to the port limits, or involves a licensed pilot or PEC holder will be investigated. Investigations for major marine incidents or accidents may not necessarily be carried out under the authority of the Harbour Master. The investigation may be part of a criminal investigation and the primacy for the investigation will remain with the lead agency, namely: police, HSE, MCA or MAIB. 4.7 National Regulatory Framework The legal framework for incident investigation is effectively summarised as follows: • The MCA is responsible throughout the UK for implementing the Government’s maritime safety policy. • The MAIB investigates accidents related to ships and crew.
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Appendix E MSMS • The HSE investigates land based accidents, and accidents occurring on offshore installations. Provided that the primacy for a given investigation is with Argyll & Bute Council, incidents will be investigated to find out the facts of what happened and so identify the causes of their occurrence and determine the actions that must be taken to prevent recurrence. They should not be investigated to apportion blame but need to be fact finding and not fault finding. Incidents are rarely simple and almost never result from a single cause. They are normally events resulting from a combination of actions, omissions, errors, failures, changes and oversights. To ensure an effective incident investigation the process should: • Record key information. • Obtain basic facts and establish the circumstances of what happened. • Identify and investigate both immediate and underlying causes. • Analyse the findings. • Determine the action needed to prevent a recurrence and make recommendations. • Require a check that the recommended actions have been acted upon. • Re-appraise the existing risk assessments and safe systems of work. • Review the control standards and the success in meeting them satisfy the legal reporting and recording duties. • Obtain details, which might be needed if the incident becomes subject to an insurance claim or legal action. • The investigation should look beyond the actual situation to see whether it could have been worse. 4.8 Statutory Reporting Requirements The MAIB is responsible for the investigation of all types of marine accidents, both to vessels and to those on board. The MAIB is an independent branch within the Department for Transport (DfT) and is separate from the MCA. The MAIB’s head, the Chief Inspector of Marine Accidents, reports directly to the Secretary of State on accident investigation. They and their professional staff, who are drawn from the nautical, fishing, marine engineering, and naval architecture disciplines, are appointed by the Secretary of State under the provisions of the Merchant Shipping Act 1995. An administrative staff deals with records, data analysis and publications, policy matters, and provides general support.
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Appendix E MSMS Marine Guidance Note MGN 564 [M+F] (“Accident Reporting and Investigation”) is addressed, inter alia, to Harbour Authorities. It explains the reporting requirements of the new Merchant Shipping (Accident Reporting and Investigation) Regulations 2012. Details of what should be reported are given in Annex A of the Notice. Argyll & Bute Council will report any notifiable accident of which they are aware to the Chief Inspector of the MAIB by the quickest means available. The MAIB’s Incident Reporting Form provides a convenient format for reports but plain narrative giving the above information may be used if the form is not available. As full an account as possible should be given whether or not the form is used; the list of items given in the M Notice is not intended to be limiting and any matter should be included which will help to make the circumstances clear or to show how similar incidents may be prevented. Sketches, plans and photographs of the damaged areas, taken both before and after the event, are often helpful and may be attached to the report. 4.9 Enforcement Procedure Argyll and Bute Council is responsible under the PMSC for the effective enforcement of regulations made and directions given to assist in managing marine operations and ensuring safety of navigation within the managed harbours. Enforcement underpins navigational safety by ensuring compliance with such regulations and directions: it requires effective surveillance, incident investigation, and leads, where appropriate, to sanctions imposed either by the Council or by the Courts. Where necessary, and where empowered, the Council will prosecute offenders for committing offences. 4.9.1 The Need to Enforce The Port Marine Safety Code Argyll & Bute Council complies with the PMSC requirement and has policies and procedures that are properly and effectively enforced. It follows that these policies need to be implemented by procedures and this manual is part of that process. The PMSC makes it clear that the statutory
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Appendix E MSMS powers that Argyll & Bute Council Harbour Authority has to regulate conduct and activities should be used to assist in managing identified risks. The Harbour Authority as a Statutory Body A Harbour Authority is a body created by statute to serve a public interest to manage, maintain and improve the harbour. The local laws, powers and enabling legislation provide the ability for it to make bye-laws and give legally binding directions. It therefore follows that Argyll & Bute Council has to demonstrate it can initiate enforcement action that may lead to prosecution. Argyll and Bute Council has its own legally binding rules subject to a consultation and approval procedure to ensure everybody can use the harbour safely. It follows that as Argyll and Bute Council can make the rules, it must be able to deal effectively with those persons that break them. The vast majority of people who use Argyll and Bute Council managed harbours are responsible and law abiding. Some people will make mistakes, some people will benefit from education and some will need to be warned. In some circumstances misconduct may be so serious that Argyll and Bute Council may decide that it should be for the Courts to deal with and a prosecution will be initiated. Through the whole range of enforcement options Argyll and Bute Council will demonstrate that it has developed a consistent approach reflected by procedures that work. They will also demonstrate that they have the capability of effectively prosecuting offenders who deserve to be prosecuted. Warnings have their place and Argyll and Bute Council, when necessary, will prosecute an offender in order to maintain its credibility as a regulatory authority. Successful prosecutions can also provide a very worthwhile deterrent to other harbour users. 4.9.2 The Enforcement Options Enforcement covers everything from cordial education on the conduct expected, to prosecution on indictment in the appropriate Court. The range includes: • Information and Instructional leaflets. • Informal education. • Formal education - e.g. seminars, briefings etc. • Formal advice - e.g. in Local Notice to Mariners. • Informal warnings; Formal warnings. • Prosecution.
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Appendix E MSMS Which option from the above range is used will depend on the circumstances of each particular incident and will include consideration of the following: • The severity of the misconduct. • The risk caused and associated with the misconduct. • The consequences of the misconduct. • Any repetition of the misconduct. • The attitude of the person involved. • The need to provide a deterrent. • The evidence available. • The interests of the public. • Any considerations of the relevant Harbour Master and Argyll and Bute Council Harbour Authority. • The knowledge and experience of the suspect.
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Appendix E MSMS 5.0 Marine Risk Management The Marine Safety Management System is based on Formal Safety Assessment and is subject to a continual Hazard monitoring and Risk Assessment Process. The Marine Safety Management System is subject to continual review to monitor its application and effectiveness 5.1 Marine/Navigational Risk Assessments Marine and Navigational Risk Assessments are required at all Council ports, harbours, piers and slipways. The Code’s Guide to Good practice provides information on the intended form and content of the risk assessments. The principles employed in carrying out the risk assessment include: Identify hazard and analyse risks; Assess those risks against an appropriate standard of acceptability; and Where appropriate, consider a cost-benefit assessment of risk reduction measures. The process of assessment used by the Council is continuous and reflective, so that new hazards to navigation and marine operations are identified and properly addressed. Central to the risk management process within is the concept of reducing risk to levels which are ‘as lowest as reasonably practicable’ (ALARP). ALARP is an industry-wide standard, applying to both health and safety and port marine safety. Central to this standard is the term ‘reasonably practicable’. To meet this standard, the risk assessments balances risk against the effort, time and money required to control the risk. In determining whether the predicted level of risk is tolerable and acceptable, the following questions are considered: Is the risk below any unacceptable limit that has been established? If so, has it also been reduced to ALARP? The risk is tolerable and acceptable if the answer to both these questions is ‘Yes’. Argyll and Bute Council, as the harbour authority consider that any final risk outcome in the High or Very High band, is intolerable. Following which, all hazard scenarios have risk reduced to a point concluded to be ALARP.
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Appendix E MSMS Classification Score Outcome Very High Risk 9.00-10.00 VH High Risk 6.00-8.99 Hig Significant Risk 5.00-5.99 Sig Moderate Risk 4.00-4.99 Mod Low Risk 1.00-3.99 Low Negligible Risk 0.01-0.99 Neg No Risk 0 Non 5.1.1 Risk Controls Marine and navigational risks for all marine activity, associated with the Argyll and Bute Council’s SHAs and marine facilities have been assessed. The assessment has the following parts: 1. Identification of hazard definitions and scenarios (i.e. descriptions of hazard and outcome). 2. Risk analysis, including identification of causes that may lead to one of the described hazard scenarios (i.e. an accident or incident outcome). 3. Consideration of existing (embedded) mitigation measures, which either control or address the outcome of an accident or incident. 4. Additional (future) risk controls, which are not currently in place, but could be used to further reduce or eliminate risk. The hazard scenarios are used to identify potential undesirabley outcomes. These are considered according to their ‘Most Likely’ and ‘Worst Credible’ outcomes. This provides the option to consider very serious outcomes, which could credibly occur, along with outcomes that are less serious, but could occur on a more frequent basis. The risk assessment process, following the Code’s Guide to Good Practice evaluates the outcome on four receptors: People; Environment; Property; and Port (reputation/amenity loss) Embeded controls are considered, these are the controls already in place. Some are provided by the Council, others from emergency response providers and some are part of the maritime community (for example, standards for equipment, training, experience etc).
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Appendix E MSMS Principal controls available at SHA’s with appointed Harbour Masters and powers of direction include: • Bye-laws: provide a general framework for rules of navigation which apply to all vessels - including speed limits, defining fairways, anchorages, etc. - and which can be treated as unlikely to require frequent or short term amendment. • Special directions – may be given by the harbour master: these directions are time and vessel specific and are apt for operational purposes of short duration and for emergencies. • General or harbour directions – some harbour authorities have more effective powers of general direction or harbour direction to be given by the authority itself. Directions should apply to all vessels including where a vessel is conducted by a pilot or the holder of a pilotage exemption certificate. • Pilotage directions - in circumstances in which pilotage is compulsory. • Dangerous vessel directions - permitting a Harbour Master to remove a vessel from the harbour in clearly defined circumstances. The Applicability of the above will vary from Port to Port. The use of all these powers, governed by the Argyll & Bute Harbour Board formal risk assessment, supports the Marine Safety Management System. It is to be noted, in this connection, that the master - or pilot - of a vessel is not obliged to obey directions if they believe that compliance would endanger the vessel. 5.1.2 Future Risk Controls Additional controls have been identified to ensure that risk levels are reduced to a level which is considered to be ALARP. These additional controls are safety recommendations which will further reduce frequency and consequence and informs future risk scores. The identified measures, if fully adopted, should be incorporated into Argyll and Bute Council’s harbour operational plans. Once a future risk control has been implemented, it becomes an embedded control. Just because the risk assessment process has identified a future control, does not mean this control will be added – it must first be subject to a cost/benefit review, conduced by the Marine Operations Manager. 5.1.3 Update of Marine/Navigational Risk Assessments Navigational risk assessments are maintained for the main ports and harbours as a minimum.
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Appendix E MSMS The regular (annual) review of these risk assessments and any new risk assessments caused by operational changes will identify new risks. As a consequence new controls will be implemented in order to bring the risks down to “as low as reasonably practicable”. The process of continuous assessment and review will enhance the safe operation of the Argyll and Bute Council managed harbours, slipways and piers. 5.2 Dynamic Risk Assessment Risk Assessments can be of two types: Planned formal assessments which provide the necessary framework to identify how all Risk Assessments are carried out in practice. And Dynamic Risk Assessments which helps the individual to assess a situation which is constantly changing and to adapting response measures as appropriate moment by moment. Examples where Dynamic Risk Assessment may be required may include. Handling a Major Incident. Navigation of vessels in poor visibility. Equipment failure (shore or ship). Obstruction in Port Approaches. A combination of the above. Dynamic Risk Assessments will, by definition, not be recorded, and so evidence of these taking place will be minimal. However, it should be evident from monitoring and inspection exercises that DRA is taking place. Over time some Dynamic Risk Assessments will lead to a review and revision of the Formal Risk Assessment and there will be evidence of this. Team meetings or other regular dialogue to discuss the effectiveness of performance may also be useful in this regard.
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Appendix E MSMS 6.0 The Marine Safety Management System (MSMS) The Port Marine Safety Code requires Harbour Authorities to demonstrate compliance with the Code by the development and implementation of Policies and Procedures commensurate with Marine Operations that take place within their jurisdiction. The MSMS, as administered and managed applies to marine operations and activities within the Council’s piers, harbours and slipways. The scope of the MSMS includes: • Port and Harbour Operations; • Commercial shipping operations; • Marine leisure and sports activities; and • Marine operations undertaken by any support or service organisation; including: o dredging, o ship and craft towage, o pilot boarding and landing, o mooring and line handling and other marine services. 6.1 Structure of the MSMS The Argyll and Bute Council’s Marine Safety Management System consists of: Volume I - Policies & Statements: This Section sets out the Safety and Environmental Policies, Marine Safety Management Procedures and the Roles and Responsibilities of office holders and staff concerned with ensuring the safety of Marine Operations within the Councils area of responsibility. Volume II – Maritime Assets: This Section contains Port specific information and standard Processes and Procedures applicable across Council Marine Assets. Volume III – System Documentation: This Section contains Port Specific Processes and Procedures which although tailored to each individual Port will follow a common structure to ensure consistency across all assets.
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Appendix E MSMS 7.0 Review and Audit Monitoring, reviewing and auditing of the Council as an Organisation under the Code, is a key requirement. This process allows for the Designated Person to report on effectiveness of the system to the Duty Holder and Harbour Board. 7.1 Review of the Safety Management System The Review process will focus on the effectiveness of the Marine Safety Management System by means of: Reviewing Internal PMSC Reports from all Ports on a regular basis; Regular review of Risk Assessments; Internal and external Audits; Advice and Guidance from Statutory and Industry Bodies; Applicable changes to Local and National Legislation reviewed and implemented; and Accidents / Incidents that occur being analysed to identify System strengths and weaknesses. Periodical Review: Additional to the above the Marine Safety Management System will be reviewed and reissued by the Marine Operations Manager every three years and subject to the Designated Person review as part of the external audit cycle. 7.2 Internal Review Marine Operations Manager will ensure the effectiveness and compliance of the Marine Safety Management System is reviewed on an annual basis, corresponding to a formalised plan agreed with the Designated Person and the Duty Holder. If required, the Marine Safety Management System will be reissued following authorisation from the Harbour Board. Marine Staff will monitor and review the Marine Safety Management System to ensure its effectiveness and compliance with the Port Marine Safety Code. The Review Process will include consideration of the following: Regular Marine Operations Staff meetings; Internal and external audits including follow up action points requiring review; Changes to Council areas of responsibility; Review of Risk Assessments; Changes to applicable Legislation and Guidance; Direction received from Statutory Bodies; and Advice from the Designated Person. 7.3 External Audit of Code Compliance Statement An annual independent audit of the Marine Safety Management System will be provided by the Designated Person. This audit will be part of an audit cycle, considering all Council Statutory
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Appendix E MSMS Harbour Authority ports and harbours, over a five year period. In addition, selected marine facilities will also be audited on a periodic basis. Outputs from the audit cycle will be presented to the Duty Holder and Harbour Board and the outcome of this consideration will be recorded. An annual statement by the Designated Person, will be made to the Duty Holder and Harbour Board during Quarter 1 of each year. This statement will summarise the audit process from the previous calendar year and provide a statement regarding the Council’s level of Compliance with the Code. 7.4 Audit As noted above, performance indicators cannot in themselves confirm compliance with the MSMS and the PMSC. Furthermore, the MSMS is one of continuous development and improvement, in response to changing events and circumstances. It is therefore necessary to confirm that the MSMS remains fit for purpose and ensures compliance with the Code by means of regular audit and review. Audits are conducted to achieve the following objectives: • To determine if the MSMS is being operated in accordance with Argyll & Bute Council Policies and, the provisions of the PMSC; • To monitor the overall effectiveness of the system; • To identify and implement ways of improving overall performance; • To confirm that relevant procedures are understood and being actioned by those involved. The overall objective is to implement systematic, independent audits to support the continuous improvement in navigational safety performance. The “Designated Person (DP)” (as defined in the PMSC) shall undertake periodic audits/reviews of the MSMS for the purpose of assessing the following: • The continued provision of an appropriate and effective MSMS; and • Argyll & Bute Council’s ongoing, overall compliance with the requirements of the Code. Outcomes from the annual audits will be reported to the Duty Holder at regular Harbour Authority meetings, and summarised in the annual report. The DP will meet the Duty Holder, MOM and relevant HM to discuss the PMSC related issues arising from the audit process. 7.5 Management of Change Change is often necessary in an organisation to reflect changing circumstances. Changes may be necessary at a Strategic or Operational level including new technologies.
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Appendix E MSMS Where changes are required to the Marine Safety Management System following Audits or review or where guidance or advice is received from Statutory bodies, then such changes are to be decided upon by the Marine Operations Manager and approved by the the Duty Holder. Significant changes will result in a reissue of the MSMS which will be approved by the Argyll and Bute Council Harbour Board. 7.6 Document Control As with many Council Documents, the Marine Safety Management System Document is considered a “live” document` and, as such, will be subject to change from time to time as circumstances alter. The document will be available for viewing online and links to other relevant documents will be provided to ensure that the latest versions of documentation are being viewed. All Documents are periodically reviewed for continuing suitability. Prior to implementation, any changes to Documents shall be consulted on and agreed by the Marine Operations Manager.
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Appendix E MSMS 8.0 Competence and Training Argyll & Bute Council will ensure that everyone who has responsibilities or is involved with the safety of navigation, is qualified and competent to do the job; and will ensure staff meet the nationally agreed standards of competence, or alternatively be able to show that their local competency standards are fully equivalent. The general principles in relation to staff competence and development as outlined in the PMSC are: • Systems developed by an authority with the aim of making best use of appropriate powers are likely to fail unless those people assigned any role in the system are competent and trained to nationally agreed standards; • The foundation to these standards is an understanding that securing port safety is a team operation demanding an appreciation of the work of other specialists; • Harbour authorities should assess the fitness of all persons appointed to positions with responsibility for the safety of navigation; and • Harbour authorities should adopt a training strategy that develops a shared understanding of their marine safety management systems and promote the involvement of port users in training programmes. 8.1 Training Matrix The Marine Operations Department shall maintain a training matrix for all staff and the respective line managers are responsible for keeping it up-to-date. The training matrix and training records is held and maintained centrally.
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Appendix E MSMS 9.0 Marine Safety Plan The Code provides detail on the way in which Harbour Authorities should show commitment to maritime safety and to ensuring the involvement of harbour users. The PMSC specifically requests a ‘safety plan for marine operations’ also termed a ‘marine safety plan’ which should be published at least once every three year. This document is reviewed and reissued by the Duty Holder, and confirms how commercial pressures are managed without affecting the safe provision of services and the efficient discharge of its duties. The responsibility for issuing this plan rests with the Duty Holder. 9.1 Measuring Performance Argyll & Bute Council adopts two approaches for measuring its performance: • Active Systems: - which are used to monitor the achievement of plans and the extent of compliance with any standards; and • Reactive Systems: - which monitor accidents, ill health, incidents and other evidence of deficient health and safety performance, such as hazard reports. 9.1.1 Active Systems Argyll & Bute Council performs periodic formal checks to ensure that the procedures documented within the MSMS are functioning. Each Harbour Master must also perform: • Random observation of work and behaviour to assess compliance with procedures, rules and systems. These activities will be aimed particularly at those directly concerned with the management of risk within the harbour; and • Annual questionnaire surveys of managers and other employees to assess behaviour and attitudes towards marine safety within the harbour. The results of any active monitoring will be documented formally and where appropriate the port will make comparison with previous monitoring exercises. The findings are reviewed with the Harbour Master along with details on any failings of the systems and recommendations for improvement. If required, an action list is prepared and managed by the Harbour Master to ensure that agreed responses are completed satisfactorily. The ability to complete agreed responses satisfactorily and on schedule is also used as an indication of the overall performance of the harbour.
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Appendix E MSMS At the main Commercial Ports, Navigation Safety Management Groups meet to review and improve the safety and efficiency of navigation in the harbour area and to protect the marine environment and the surrounding Harbour area. Operational matters considered will include the following: • The operation of the Marine Safety Management System in respect of Navigation safety, improving this where necessary and setting new targets; • Incident investigation including Root Cause Analysis and the implementation of corrective action where required to achieve zero reportable accidents or incidents; • Ensuring the effective communication of appropriate information in respect of navigational safety to all stakeholders; • The group will identify action points where appropriate and report to the Marine Manager on a monthly basis on all aspects of navigational safety and incidents within the relevant harbour area. 9.1.2 Reactive Systems Reactive monitoring is performed in response to reports of incidents/near misses and non- conformances that tend to be generated through an incident report. On receipt of a report the Harbour Master will initiate an investigation to determine both the immediate and the underlying organisational causes of the event. This process is recorded using an incident report which also requires that any resulting actions be documented and a responsible person assigned. The Harbour Master manages this process to ensure that responses to the monitoring are completed satisfactorily. These records are retained for audit purposes. All marine incidents are reviewed by the Marine Safety Committee at the quarterly Harbour Master meetings. A summary of all incidents is made to the Designated Person on a monthly basis with full details given of any which are regarded as serious. The reports made will be classified into different incident categories to assist in the identification of common trends and areas requiring focus for improvement.
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Appendix E MSMS 10.0 Conservancy There is a duty to conserve a harbour so that it is reasonably fit for use as a port, and a duty of reasonable care to see that the harbour is in a fit condition for vessels to use. To achieve the conservancy requirements, the Harbour Authority must: • Survey as necessary to identify the best navigable channels for vessels to navigate. • To place and maintain navigation marks where they will be of the best use to navigation (both for night and day). • To keep a ‘vigilant watch’ for any changes in the sea bed affecting the channel or channels and move or renew navigation marks as appropriate. • Keep proper hydrographic and hydrological records. • To publish as conspicuously as possible such further information that will supplement the guidance given by navigation marks. 10.1 Hydrographic Survey Argyll and Bute Council is responsible for establishing and pursuing a programme of harbour hydrographic surveys and maintenance of navigational channels. Its responsibilities include: • Responsibility for all hydrographic surveying and associated record keeping for harbour areas carried out to Special Order standard. • Ensuring the frequency and methodology for hydrographic survey operations will be determined primarily by a risk assessment, rather than by the blanket adoption of a set of rigid criteria. • Preparing and collating up to date information on channel data for UK Hydrographic Office. • Making current survey information available to the harbour community. • Liaising with the harbour community and UK Hydrographic Office to improve the relevancy and accuracy of harbour charted information. 10.2 Dredging Argyll and Bute Council has authority (subject to consent from Crown Estate Scotland and Marine Scotland) to undertake dredging operations for maintenance or channel improvement purposes. The results of hydrographic surveys are analysed to establish the need for maintenance dredging. All dredging operations will potentially be subject to an Environmental Impact Assessment (EIA) and/or
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Appendix E MSMS a Best Practicable Environmental Option (BPEO) assessment and acquisition of a licence to dispose of dredging spoil. 10.3 Aids to Navigation As part of the Government commitment to the Safety of Life At Sea (SOLAS) convention, and as directed by the Merchant Shipping Act 1995, Northern Lighthouse Board (NLB) as a General Lighthouse Authority (GLA), has responsibility for the superintendence and management of all lighthouses, buoys and beacons within Scottish. Under the Merchant Shipping Act 1995 Section 193, each statutory harbour authority is the local lighthouse authority (LLA) for the area within which it exercises its statutory powers and duties. All navigational marks and lights owned by CMAL as the Local Lighthouse Authority (LLA) for the harbours under its control are established and maintained in accordance with the availability criteria laid down by the Northern Lighthouse Board. In order to meet these criteria, a rolling-programme of inspection and maintenance is undertaken through an external contractor. 10.4 Wrecks and Abandoned Vessels The 1959 Act, Section 33 provides powers to remove or destroy wrecks. This power is further strengthened by Section 252 of the Merchant Shipping Act 1995. Wrecks may also be lit and buoyed, until they are raised, removed or destroyed. Argyll and Bute Council exercises its powers in respect of wrecks to mark and remove wrecks which in their opinion, are a danger, or likely to become a danger to navigation. 8.2 Training Plan Responsibilities Table 1: Training Plan Responsibilities Post Guidance/Mentoring Responsibility Marine Operations Manager Head of Roads and Amenity Services Harbour Master Marine Operations Manager Technical Officers Marine Operations Manager Assistant Harbour Masters Harbour Master
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Appendix E MSMS Pier Operatives Harbour Master Ferry Operatives Technical Officer for Ferries