Appendix D Port Marine Safety Code – Isles of Mull and Iona
Argyll and Bute Council · 2 March 2023
Back to Argyll and Bute Harbour Board — 2 March 2023 and its agenda
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Argyll and Bute Council Port Marine Safety Code Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 November 2022
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Port Marine Safety Code Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 November 2022 Fionnphort Iona Bunessan Craignure
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council
ABPmer, November 2022, R.4024 | i
Document Information
Document History and Authorisation
Title Port Marine Safety Code
Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022
Commissioned by Argyll and Bute Council
Issue date November 2022
Document ref R.4024
Project no R/4952/01
Date Version Revision Details
03 November 2022 1 Issued for client review
28 November 2022 2 Issued for client use
Authorised
(Auditor)
Approved
(Quality Manager)
Authorised
(Designated Person)
Harry Aitchison Richard Vaughan Monty Smedley
Suggested Citation
ABPmer, (2022). Port Marine Safety Code, Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022, ABPmer
Report No. R.4024. A report produced by ABPmer for Argyll and Bute Council, November 2022.
Author
M.J. Smedley
Notice
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | ii Contents 1 The Port Marine Safety Code ................................................................................................ 1 1.1 About the Harbour Authority ................................................................................................................. 2 2 Purpose and Method ............................................................................................................... 4 2.1 Audit scope .................................................................................................................................................... 4 2.2 Audit definitions and outcomes ............................................................................................................ 4 2.3 Audit date and criteria .............................................................................................................................. 5 2.4 Auditor............................................................................................................................................................. 5 2.5 Auditees .......................................................................................................................................................... 5 3 Audit Summary ........................................................................................................................... 6 4 References .................................................................................................................................... 8 4.1 Websites ......................................................................................................................................................... 8 5 Abbreviations/Acronyms ........................................................................................................ 9 Appendices A Detailed Audit Findings ........................................................................................................ 12 A.1 PMSC Section 1 – Accountability for Marine Safety .................................................................. 12 A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety .................................... 16 A.3 PMSC Section 3 – General Duties and Powers ............................................................................. 24 A.4 PMSC Section 4 – Specific Duties and Powers ............................................................................. 27 B Quayside Checks ..................................................................................................................... 33 B.1 Craignure ..................................................................................................................................................... 33 B.2 Bunessan ...................................................................................................................................................... 36 B.3 Fionnphort .................................................................................................................................................. 41 B.4 Iona ................................................................................................................................................................ 44
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | iii Figure Figure 1. Craignure Harbour Limits......................................................................................................................... 2 Images Image B1. Craignure, ladder does not extend below waterline .................................................................. 35 Image B2. Craignure, ladder with missing handrails or grab loops .......................................................... 35 Image B3. Bunessan, trip hazards and obstruction to steps. ....................................................................... 38 Image B4. Bunessan, obsolete lifting equipment (trip hazard) ................................................................... 38 Image B5. Bunessan, tires and ropes affixed to ladders ................................................................................ 39 Image B6. Bunessan, life ring .................................................................................................................................... 39 Image B7. Bunessan, wooden fendering in disrepair ...................................................................................... 40 Image B8. Fionnphort, access to pier blocked by fishing pots .................................................................... 43 Image B9. Fionnphort, life ring missing cover ................................................................................................... 43 Image B10. Iona, small vessel slipway step and poor quality surface ......................................................... 46 Image B11. Iona, access ladder is blocked by rope ............................................................................................ 46
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 1 1 The Port Marine Safety Code The Port Marine Safety Code (‘the Code’) sets out a 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’ (DfT, 2016). In reading this audit report, the Council and Duty Holder should note the following extract from the Code: “The Code does not contain any new legal obligations but includes (amongst other things) references to the main legal duties which already exist. Failure to comply is not an offence in itself. However, the Code represents good practice as recognised by a wide range of industry stakeholders and a failure to adhere to good practice may be indicative of a harbour authority being in breach of certain legal duties. Moreover, the organisation may suffer reputational damage if it has publicly committed to the Code’s standards and then fails to meet them.” (DfT, 2016) In order to measure compliance with the Code, the table below sets out the 10 Duty Holder responsibilities, and corresponding cross-references with sections of the Code, which this audit has considered. 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
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 2 1.1 About the Harbour Authority The Isle of Mull is the second-largest island of the Inner Hebrides (after Skye) and lies off the west coast of Scotland in the council area of Argyll and Bute. Mull has a number of harbours, ports, piers and slipways. The Council is responsible for three, namely: Craignure, Bunessan and Fionnphort which are all operated by the Harbour Master team from Oban. Craignure lies close to the Isle of Mull's easternmost point and is the main terminus for the ferries from Oban Bay. A&BC is the Statutory Harbour Authority (SHA) by virtue of the Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961, the limits of which are set out in Part 4, Section 24(2) of the Order as shown in Figure 1. The Council is the facility owner for its marine assets and the SHA for the harbour. The original pier was built in 1894 and is located in the south east end of the bay adjacent to the village hall. The present pier is located on the west side of the bay and was built in 1964, it has two berths with the northern berth used by the ferry and the southern berth for other craft. The harbour has scheduled ferry services, with occasional calls from aquaculture and small cruise vessels. There are a number of local resident community moorings around the original pier at the south east end of Craignure Bay. Figure 1. Craignure Harbour Limits
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 3 Bunessan pier is located on the Ross of Mull in the south west of the Isle of Mull, A&BC is the marine facility owner for the pier structure, but the area does not form part of an SHA. The pier was constructed from the local granite in circa 1846, prior to the building of the pier boats anchored in the bay and shuttled their cargo ashore in small boats. Current use of the pier is local fishing vessels all the year round and visiting yachts during the summer months. Fionnphort is the Mull terminal for the Iona Ferry. The marine berthing facilities at Fionnphort are owned by A&BC but the area does not form part of an SHA. The port has a slipway providing passenger and vehicle access to the ferry, plus a pier which is used by local fishing vessels, recreational and privately- owned craft. Baile Mòr is the Isle of Iona terminal for the Iona Ferry. The port has a slipway providing passenger and vehicle access to the ferry, as well as being used by local fishing vessels, recreational and privately-owned craft. The Iona ferry route is operated by CalMac Ferries Ltd (CFL) and provides a lifeline service linking the Isle of Iona to the Isle of Mull. Vessel traffic within the Sound of Iona can be characterised into two groups. The first is the ferry traffic which navigates between Fionnphort and Baile Mòr on the Isle of Iona (approximate east to west route, linking the Isles of Mull and the Isle of Iona). The second, is traffic transiting through the Sound (approximate north-east, south-west direction) which is comprised of fishing vessels, recreational vessels and the Staffa Tour boats which operate from Fionnphort and Baile Mòr on Iona.
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 4 2 Purpose and Method 2.1 Audit scope Argyll and Bute Council (A&BC) has contracted ABPmer to provide Designated Person services for its ports, harbours and piers. Part of this service includes the provision of annual auditing to establish if the Harbour Authority is compliant with the requirements of the Port Marine Safety Code (PMSC). The scope of the audit includes a review of Harbour Authority performance against the standard laid out within the latest edition of the Code. Any aspects that do not comply with, or fully address, the requirements of the Code will be identified, and recommendations for improvement will be made. 2.2 Audit definitions and outcomes The following definitions are used in the audit report: Non-compliance: is a failure to adhere to a legal requirement such as an Act, Order or its Regulations. The Port Marine Safety Code requires organisations to confirm compliance with the requirements of the Code. Therefore, Port Marine Safety Code audits are designed to test the requirements of the Code with any failure to comply identified as a ‘non-compliance’. Non-conformity: is an opportunity for the management system to improve through the identification of a requirement that is not met. Non-conformities are not regulatory but relate to the port or harbour’s own operational instructions which are not met or fully met. Any non-conformities identified through the audit process are identified in bold text in the report. Evidence: Non-compliances and non-conformities are identified through factual evidence sampled during the audit. 2.2.1 Outcomes The audit report uses the following outcomes: Non-Compliance: a non-compliance with the requirements of the Code which are a breach of legal obligations or may compromise marine safety, environmental safety or present a significant reputational risk. Recommendations for addressing non- compliances are identified in red. Observation: refers to an improvement opportunity such as an update to information, procedural change, or a non-conformity with local operating instructions. Whilst observations are defined as improvement opportunities, addressing them may improve the overall system standard. Recommendations for addressing observations are identified in yellow. Satisfactory: a system component that meets or exceeds the requirements of the Code. Items of best practice are identified in bold. Not applicable: part of the Code that is not relevant to the Organisation being audited.
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 5 2.3 Audit date and criteria The audit was carried out onsite at Oban on 06 September 2022, with a site visit to the Isle of Mull and the Isle of Iona on the 29 September 2022. The latest version of the PMSC, and the accompanying Guide to Good Practice (GtGP), has been used as the benchmarking standard within Appendix A. The audit tables also identify the paragraph numbers from the Code (DfT, 2016) and relevant sections of the Guide to Good Practice (DfT, 2018), for cross reference purposes. In addition, within Appendix B the Health and Safety Executive (HSE) publication L148 ‘Safety in Docks: Approved Code of Practice and Guidance’ (ACOP) (HSE, 2014) and the Port Skills and Safety (PSS) publications SIP 005 ‘Guidance on Mooring’ (PSS, 2020) and SIP 014 ‘Guidance on Safe Access and Egress’ (PSS, 2019) have been used. The appendix tables to this report contain the test questions and evidence, noting down conformity, non-conformity and observational remarks. 2.4 Auditor The following auditor conducted this audit. Team Member Initials Company, Designation Harry Aitchison HJA ABPmer, Maritime Consultant Internal Auditor: Quality Management Systems (QMS ISO 9001) Monty Smedley MJS ABPmer, Principal Maritime Consultant Lead Auditor for Quality Management Systems (QMS ISO 9001) Designed Person (PMSC) Argyll and Bute Council Sophie Butler SRB ABPmer, Maritime Analyst Internal Auditor: Quality Management Systems (QMS ISO 9001) 2.5 Auditees The following individuals participated in the audit. Team Member Initials Role/Designation Allan Finlay AF Piers and Harbours – Technical Officer Julie Hendry JH Marine Operations – Admin Officer Scott Reid SR Marine Operations Manager Vicki McKenzie VM Oban North Pier – Harbour Master
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 6 3 Audit Summary Number Key Measures Ten-Point ‘Health Check’ 1 Duty Holder 0 2 5 2 Designated Person 0 1 2 3 Legislation 1 2 3 4 Duties and Powers 0 15 37 5 Risk Assessment 2 1 4 6 MSMS 3 5 9 7 Review and Audit 0 1 4 8 Competence 0 7 3 9 Plan 1 0 2 10 Aids to Navigation 0 0 2 Total 7 34 71 The summary presented in the above table identifies that, for the ten-point health-check, Argyll and Bute Council as the Statutory Harbour Authority for Craignure and the marine facility owner for Bunessan, Fionnphort and Iona Slipway, the Council is found not to be fully compliant with the requirements of the Port Marine Safety Code. The following three non-compliances were recorded: The MSMS does not cite the Craignure 1961 Order, nor are the harbour limits shown. The MSMS must contain information on the local legislation for Craignure and expand upon the powers, duties and responsibilities provided by the local Acts and Orders. The MSMS does not state the expected review frequency for marine risk assessments. The MSMS does state in its Annexes for each port that: “The Harbour staff will record all incidents/accidents/near misses on the Safety Management System (MarNIS). The reports will be used to review accidents and incidents, for assessing whether any action is necessary to reduce the risk of recurrence”. It can be concluded that marine risk assessments are reviewed after incidents occur, however the MSMS does not state that the risk assessments are updated or re-issued. The MarNIS system provides notification of assessments which are about to expire, based on a one-year review frequency. Users may set their own review frequency. The ‘Marine Safety Plan’ for the years 2018 to 2020 (the previous plan) has not been assessed and the Organisation’s performance against the plan published. Bunessan, Fionnphort and Iona do not have any operational marine/navigational risk assessments. A review of marine hazards and the creation of marine/navigational risk assessments for Bunessan, Fionnphort and Iona should be conducted without delay. Bunessan, Fionnphort and Iona are not included in the MSMS. The Code requires that all marine facilities, as a minimum, are operated with reference to a proportional MSMS. The MSMS Section 4 addresses ‘Consultation’, with sections on consultation policy, statutory consultation and consultation with interested parties. The MSMS does not provide information on the consultation process in place for Craignure, Bunessan, Fionnphort or Iona. There is no method for recording incident records for Bunessan, Fionnphort and Iona. Information from the audit identifies that no incidents have been reported.
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 7 The PMSC audit identified 34 observations relating to improvement opportunities for management consideration, the detailed findings being presented in Appendix A. The following points identify the more significant items: The Admiralty Chart, 2389 ‘Loch Linnhe Southern Part’ and 2390 ‘Sound of Mull’ does not map the statutory harbour limits for Craignure Whilst there are system audits of the MSMS, it is not clear if Craignure, Bunessan, Fionnphort and Iona have been included in a cyclic audit of unstaffed marine facilities. There have been no bathymetric surveys Bunessan, which this is not a statutory harbour authority (and therefore a survey is not required under Conservancy Duty) the A&BC Hydrographic Policy commits to undertaking such hydrographic surveys as are necessary for safe and efficient navigation and to provide port users with up-to-date and accurate hydrographic information. As such, the absence of survey information for Bunessan is considered to be a non-conformity with A&BC’s hydrographic policy. At the time of audit there was no evidence of an appointment letter for the statutory role of Harbour Master or Deputy Harbour Master for Craignure. Fionnphort does not have any information on the A&BC ‘Piers and Harbours’ website. The MSMS Annex on Craignure does not provide information on how powers of Special Direction are used for controlling vessel movements. There is currently no method of obtaining assurance that craft working commercial (i.e., not Council activities) are operating their vessels in accordance with relevant MCA codes. Quayside checks were also carried out all four facilities, a number of observations were recorded as shown in Appendix B. The following identify key findings: At Craignure, some of the water egress (safety) ladders do not continue below the waterline. It is a requirement that ladders extend to at least 1 m below the water surface at low water. At Bunessan, housekeeping was noted to be poor with disused ropes hanging off the pier and a substantial amount of stored and/or abandoned fishing equipment. This equipment obstructed access to safety equipment and water egress ladders. At Bunessan, one life ring was noted to be in a deteriorated state of repair. At Fionnphort, gated access to the pier was tied shut, with ferry employees witnessed jumping around the gate rather than going through it. Operational areas should be gates to prevent public access; however, gates should be accessible to pier operatives/ferry staff. At the Isle of Iona slipway, a significant amount of concrete obstructed access for small vessels using the slipway at certain states of tide. This presents a navigational hazard and creates a risk of vessel grounding or contact which may result in hull damage. The following points of best practice were noted: Provision and maintenance of Aids to Navigation is recognised as an area of best practice with a 100% availability for Category 3 and 99.8% for Category 2 Aids. At the time of audit, all seven Councillors of the Harbour Board, plus the Council’s Executive Director of Development and Infrastructure Services (as Duty Holder) have attended Duty Holder Training. The Marine Safety Plan has an objective of 100% attendance for Duty Holder training.
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 8 4 References DfT, 2016. Port Marine Safety Code, Department for Transport (DfT), November 2016. DfT, 2018. A Guide to Good Practice on Port Marine Operations Prepared in conjunction with the Port Marine Safety Code 2016, Department for Transport (DfT), February 2018. Health and Safety Executive (HSE), 2014. ‘Safety in Docks: Approved Code of Practice and Guidance’ (ACOP)’, Publication L148. ISO 9001: Quality Management Systems. International Organization for Standardization. MCA, 2022. Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the United Kingdom. Marine Guidance Note: MGN 401 (M+F) Amendment 3. Maritime & Coastguard Agency, March 2022. Port Skills and Safety (PSS), 2019. Guidance on Safe Access and Egress, SIP 014. September 2019. https://www.portskillsandsafety.co.uk/resources/sip014-guidance-safe-access-and-egress Port Skills and Safety (PSS), 2020. Guidance on Mooring, SIP 005. November 2020. https://www.portskillsandsafety.co.uk/resources/sip-005-guidance-mooring-operations 4.1 Websites https://www.argyll-bute.gov.uk/fees/22/piers https://www.argyll-bute.gov.uk/marine-safety-management-system https://www.argyll-bute.gov.uk/mid-argyll-kintyre-and-islay/craignure-pier https://www.argyll-bute.gov.uk/moderngov/ieListMeetings.aspx?CId=567&Year=0 https://www.argyll-bute.gov.uk/sites/default/files/dp_contact_information_abc.pdf https://www.gov.uk/government/publications/port-marine-safety-code-compliant-ports/port-marine- safety-code-compliant-ports-list
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 9 5 Abbreviations/Acronyms A&BC Argyll and Bute Council ACOP Approved Code of Practice and Guidance ALRS Admiralty List of Radio Signals AtoN Aid(s) to Navigation BPA British Ports Association CARP Critical Activity Recover Plan CAT Category CERS Consolidated European Reporting System CFL CalMac Ferries Limited CHA Competent Harbour Authority DfT Department for Transport DGHAR Dangerous Goods in Harbour Areas Regulations 2016 DRA Dynamic Risk Assessment DSHAR Dangerous Substances in Harbour Areas Regulations 2016 FRA Formal Risk Assessment GLA General Lighthouse Authority GtGP Guide to Good Practice on Port Marine Operations HDPCA Harbour, Docks and Piers Clauses Act 1847 HQ Head Quarters HR Human Resources HRO Harbour Revision Order HSE Health and Safety Executive IMO International Maritime Organization ISO International Organization for Standardization KPI Key Performance Indicator LATON Local Aids to Navigation LLA Local Lighthouse Authority LPS Local Port Service LSE Lifesaving Equipment M+F Merchant Shipping and Fishing Vessels MAIB Marine Accident Investigation Branch MarNIS Maritime Navigation and Information Services MCA Maritime and Coastguard Agency MGN Marine Guidance Notes MS Microsoft MSMS Marine Safety Management System n/a Not Applicable OPRC International Convention on Oil Pollution Preparedness, Response and Co-operation PEC Pilotage Exemption Certificates PFSP Port Facility Security Plan PMSC Port Marine Safety Code PSS Port Skills and Safety QMS Quality Management System RATSA Railways and Transportation Safety Act RNLI Royal National Lifeboat Institute RYA Royal Yachting Association SAC Special Areas of Conservation SEPA Scottish Environment Protection Agency
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 10 SHA Statutory Harbour Authority SIP Safety in Port SOPs Standard Operating Procedures SOSREP Secretary of State's Representative SPA Special Protection Areas SWL Safe Working Load UK United Kingdom UKHO United Kingdom Hydrographic Office VTS Vessel Traffic Service Cardinal points/directions are used unless otherwise stated. SI units are used unless otherwise stated.
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Appendices
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 12 A Detailed Audit Findings A.1 PMSC Section 1 – Accountability for Marine Safety PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 1.3-1.5 Duties and Powers Is the Organisation’s Duty of Care for users of the harbour, port of facility stated? Satisfactory – A&BC’s Marine Safety Management System (MSMS), version 11, issued in May 2020, states in Section 10 under the heading Conservancy that: “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”. MJS_001 MJS Are local Acts and Orders identified? Satisfactory – one of the locations audited has a harbour Act: Craignure is a Statutory Harbour Authority (SHA), the harbour authority has a copy of its local legislation in the form of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. Bunessan, Fionnphort and Iona Slip are marine facilities and outwith an SHA boundary, there is no (known) extant local harbour legislation. MJS_005 MJS Is the Harbour, Docks and Piers Clauses Act (HDPCA) 1847 incorporated into local Acts and Orders? Satisfactory – the HDPCA has been incorporated, as referenced in the Section 2(1) and Section 3(3)of the 1961 Act. MJS_005 MJS 1.6 – 1.7 The Duty Holder Has the organisation appointed and confirmed who the Duty Holder is? Satisfactory – A&BC has assigned the post and accountability of the Duty Holder to the Council’s Executive Director of Development and Infrastructure Services. The Harbour Board retains responsibility for providing policy direction to the officers of the Authority. An organisational structure is provided the MSMS, Section 2.1. MJS_001 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 13 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 1.8 The Duty Holder Are the Duty Holder’s responsibilities for compliance with Code defined? Satisfactory – the MSMS, Section 2.2 lists the duties of the Duty Holder. Observation – the role laid out in the MSMS for the Duty Holder does not include all the bullet point requirements listed in the Code (DfT, 2016). Recommend – to ensure a match between the role, as laid out in the Code, and the role defined in the MSMS, it is recommended that Section 2.2. is reviewed. MJS_001 MJS 1.10 The Duty Holder Does the Duty Holder (and Harbour Board members) have a clear understanding of the port’s marine activities and MSMS? Satisfactory – the Harbour Board and Duty Holder receive information from officers of the Authority, presented as technical reports to Board Meetings. Annually the Harbour Board and Duty Holder visit one of the Councils ports, harbours or piers. The last Oban visit was on 24 September 2021. The Harbour Board were also invited to the Campbeltown Emergency Response Exercise in November 2021. The MSMS is provided on the Council’s website making it a simple process to view the most recent version. MJS_001 MJS Has the Duty Holder (Harbour Board members) been provided with a clear brief or training on their role under the requirements of the Code? Satisfactory – all the current (seven) Councillors of the Harbour Board, plus the Council’s Executive Director of Development and Infrastructure Services (as Duty Holder) have attended training run on 05 September 2022. The Marine Safety Plan has an objective of 100% attendance on the Duty Holder training course by the completion date of the plan. This is an area of best practice. It should be noted that at the time of audit, a bye-election was planned and following its completion the Harbour Board will increase to eight. MJS_002 MJS_006 MJS 1.11-1.12 The Designated Person Has the Harbour Authority appointed an individual as the Designated Person? Satisfactory – the Duty Holder has appointed ABPmer to provide Designated Person services, with Monty Smedley as the named Designated Person. This contract commenced on 01 November 2021. The Designated Person’s contact details were posted on the Oban staff notice board. https://www.arg yll- bute.gov.uk/site s/default/files/d p_contact_infor mation_abc.pdf MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 14 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 1.11-1.12 Cont. The Designated Person Is the Designated Person’s role explained in the MSMS? Satisfactory – the MSMS, Section 2.5 lists the duties of the Designated Person. Observation – the appointment information in Section 2.5 of the MSMS is not accurate. Recommendation – the Designated Person’s details in the MSMS are updated. MJS_001 MJS 1.13 Chief Executive [or equivalent]] Have executive and operational responsibilities for marine safety been clearly assigned? Satisfactory – the MSMS, Section 2.2 lists the responsibilities of the Duty Holder, who is also the Chief Executive. Observation – the MSMS, Section 2.2 does not address the financial and resource role that typically, a Chief Executive would be responsible for providing in respect of a Harbour Authority function. Recommendation – the role profile in the MSMS is reviewed and wording around ‘adequate resources’ is included. MJS_001 MJS How is marine safety funded within the organisation? Satisfactory – funding is identified and agreed through the Council’s approvals process. Officers of the Authority have delegated spending powers within their spending limits. All significant funding decision outside of spending limits come to the Harbour Board; officers of the Authority provide technical input to Harbour Board decisions. n/a MJS 1.9, 1.14 – 1.15 Harbour Master Have executive and operational responsibilities for marine safety been clearly assigned? Satisfactory – the MSMS, Section 2.5 states that: “Harbour Masters and their Assistants will 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”. Section 2.5 lists specific duties. MJS_001 MJS Does an officer with responsibilities for marine safety attend Board meetings? Satisfactory – three times a year, a report is provided by the Executive Director for Roads and Infrastructure; major issues are raised to the Harbour Board. Evidence from the Harbour Board meeting of 01 September 2022 identifies reports including the Marine Asset Management Plan Update, Port Marine Safety Code Update, Oban Bay Update and Draft Harbour Board Workplan. MJS_006 MJS_007 https://www.arg yll- bute.gov.uk/mo derngov/ieListM eetings.aspx?CI d=567&Year=0 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 15 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 1.16 – 1.17 The Organisation’s Officers Does the MSMS provide details of the organisation’s Officers and their responsibilities for marine safety? Satisfactory – the MSMS, Section 2.3 lists the responsibilities of the Organisation’s Officers (including the Head of Roads and Amenity Services and the Marine Operations Manager). Section 2.4 has a sub-heading for Assistant Harbour Masters. Observation – the role of the Technical Officer(s) for Piers and Harbours could be usefully included within the MSMS. Recommendation – include the role of the Technical Officer(s) for Piers and Harbours. MJS_001 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 16 A.2 PMSC Section 2 – Key Measures Needed to Secure Marine Safety PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 2.2 Further guidance Does the organisation review any of the following: MAIB digest / reports MCA health check trends Satisfactory – the MCA Health Checks trends was included in the Designated Person’s briefing note which was tabled at the 02 September 2021 Harbour Board meeting. Information from the MAIB and the BPA in the former of safety circulars are distributed by the Marine Operations Admin Officer. Evidence sighted. MJS_009 MJS_010 MJS 2.3 – 2.6 Review existing powers Does the Harbour Authority have an understanding of local legislation? Satisfactory – the Harbour Authority has a copy of the Craignure 1961 Order, plus a map with the extent of the harbour limits shown. MJS_003 MJS_005 MJS Are local Acts and Harbour Orders referenced in MSMS? Non-compliance – the MSMS does not cite the Craignure 1961 Order, nor are the harbour limits shown. Recommendation – the MSMS must contain information on the local legislation for Craignure and expand upon the powers, duties and responsibilities provided by the local Acts and Orders. MJS_001 MJS Have the Harbour Authority’s existing powers been reviewed? Satisfactory – the harbour acts have been reviewed by A&BC lawyers with an external review conducted by marine lawyers. Recommendations a consolidated Harbour Act (covering all Argyll and Bute ports, harbours and marine facilities (excluding Oban)) has been commenced. MJS_047 MJS Is the organisation’s jurisdiction mapped and clear? Satisfactory – the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’, Part 4, Section 24(2) sets out the harbour limits. This area is mapped by the Council. Observation – the Admiralty Chart, 2389 ‘Loch Linnhe Southern Part’ and 2390 ‘Sound of Mull’ does not map the port limits. Observation – the MSMS, does not include information on the Craignure SHA boundary. Recommendation – providing the boundaries to the UK Hydrographic Office including descriptions from the 1961 Act, Part 4, Section 24(2) requesting update of the harbour limits. Recommendation – the description for A&BC’s SHA area at Craignure is included in the MSMS to match the areas described in the 1961 Act, Part 4, Section 24(2). MJS_003 MJS_005 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 17 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 2.7 – 2.11 Use of Formal Risk Assessment (FRA) Have risks associated with marine operations been assessed and a means of controlling them deployed? Satisfactory – the MSMS, Section 8 describes the assessment methodology. A set of 11 risk assessments are in place for Craignure harbour, all assessments were in-date at the time of audit. Review dates were completed on 13 September 2022. The hazard scenarios cover a range of foreseeable eventualities based on current harbour activities. Non-compliance – Bunessan, Fionnphort and Iona do not have any operational marine/navigational risk assessments. Non-compliance – a review of marine hazards and the creation of marine/navigational risk assessments for Bunessan, Fionnphort and Iona. MJS_001 MJS_004 MJS_011 MJS_012 MJS How does the organisation ensure those undertaking marine risk assessment are competent? Satisfactory – the Harbour Master has undertaken a training course for marine risk completed on 02 March 2021. Certificate sighted. MJS_013 MJS Are stakeholders included in marine risk review/assessments? Satisfactory – risk assessment reviews are conducted with the Assistant Harbour Master. The risk assessment sample identifies that the Royal Yachting Association (RYA), the Royal National Lifeboat Institute (RNLI) and the Clyde Cursing Club were consulted on selected risk assessments for Craignure. MJS_004 MJS_012 MJS Non-compliance – the MSMS does not state the expected review frequency for marine risk assessments. The MSMS does state in its Annexes for each port that: “The Harbour staff will record all incidents/accidents/near misses on the Safety Management System (MarNIS). The reports will be used to review accidents and incidents, for assessing whether any action is necessary to reduce the risk of recurrence”. It can be concluded that marine risk assessments are therefore reviewed after incidents occur, however it does not state that the risk assessment is updated or re-issued, Recommendation – the Harbour Authority requirement for frequency of risk assessment review is positively stated in the MSMS for the avoidance of doubt, for example: Marine Risk Assessment must be reviewed annually and following an accident or incident that changes the specifics of an existing risk assessment. MJS_001 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 18 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.7 – 2.11 Cont. Use of Formal Risk Assessment (FRA) Cont. Does the MSMS prescribe the review frequency for risk assessments? Cont. nor is any review frequency given. The MarNIS system provides notification of assessments which are about to expire, based on a standard one-year review frequency. Users may set their own review frequency. MJS_001 MJS Is a system of Dynamic Risk Assessment (DRA) used? Satisfactory – a DRA flow diagram has been prepared and distributed to harbour staff at Oban, a copy was posted on the notice board. Observation – the MSMS does not addresses the expectations of the Harbour Authority in respect to DRA. Recommendation – the approach to Dynamic Risk Assessment is defined for harbour staff. MJS_048 MJS 2.12-2.14 Implement a MSMS Is there an MSMS? Does this incorporate policies and procedures? The MSMS must incorporate a regular and systematic review of its performance. Satisfactory – A&BC’s Marine Safety Management System (MSMS) is issued as version 11, dated May 2020. A revision history is included with notes defining changes made over time. The MSMS is presented as a manual and supporting Annexes for individual ports, harbours and piers which includes Craignure. Observation – the MSMS distribution list contains names of post holders which is out of date. Observation – the MSMS contains various sections of national guidance, some of which is generic in nature and not tailored to A&BC’s specific circumstances. Non-compliance – Bunessan, Fionnphort and Iona are not included in the MSMS. The Code requires that all marine facilities, as a minimum, are operated with reference to a proportional MSMS. Recommendation – the distribution list should be reviewed with posts and roles updated as required. Recommendation – the MSMS should be fully reviewed to remove extraneous information and provide tailored procedures to each port, harbour and pier. Recommendation – marine activities relevant to Bunessan, Fionnphort and Iona are documented in the MSMS. MJS_001 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 19 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 2.15 Key Performance Indicators (KPIs) Does the harbour authority detail KPIs and/or make a statement about performance in the organisation’s annual report? Satisfactory – A&BC’s key performance indicators for ports and harbours are identified in the ‘Marine Safety Plan’ as specific outcomes. Observation – the MSMS does not address port and harbour KPIs. Recommendation – a section on KPIs should be included within the MSMS, with reference to the expectations of internal business processes and the ‘Marine Safety Plan’. MJS_001 MJS_002 MJS 2.16 MSMS assigning responsibility Does the MSMS explicitly assign responsibility for appropriate safety/conservancy matters? Satisfactory – the MSMS, Section 2 ‘Key Personnel and Responsibilities’ assigns responsibility for safety and conservancy to key post holders in the Harbour Authority. MJS_001 MJS 2.17 MSMS Consultation Are forum/consultation meetings held? Non-compliance – the MSMS Section 4 addresses ‘Consultation’, with sections on consultation policy, statutory consultation and consultation with interested parties. The MSMS does not provide information on the consultation process in place for Craignure, Bunessan, Fionnphort or Iona. Recommendation – organise and run regular user consultation meetings, record meeting minutes and outcomes. n/a MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 20 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 2.18 Competence standards Are personnel qualified and trained for their marine safety role? Satisfactory – Craignure, Bunessan, Fionnphort and Iona have no onsite A&BC staff. The harbour master team from Oban provides this function. With respect to evidence of competency standards for these staff, two MS Excel files are maintained, the first is titled ‘Harbour Training Matrix 2021’ the second is titled ‘training records’. The training matrix identifies the Essential, Required, Advantageous and Not Required training. The training records identifies staff by location with dates against qualifications held. Observation – the matrix does not include the roles of the Duty Holder, the Marine Operations Manager, Technical Officers, Senior Pier Operatives and the Marine Operations Admin Officer. The training record files does hold a ‘HQ and Others’ worksheet. Observation – it is not clear what the terms ‘Essential’ and ‘Required’ mean on the matrix. Observation – the training matrix identifies roles and named individuals. Observation – the MSMS, Section 6.3 states that: “The ARGYLL & BUTE HARBOUR BOARD will maintain a training matrix for all staff and the respective line managers are responsible for keeping it up-to-date”. The training matrix is maintained by the Marine Operations Admin Officer, with notification of training completed provided by Harbour Masters. Recommendation – that all roles are identified in the matrix to ensure it documents all job roles with a remit for delivering marine safety functions for the Harbour Authority. Recommendation – provide definitions for the terms used on the matrix for the avoidance of doubt. Recommendation – considering if names are required against roles in the matrix. Recommendation – review the wording and process in the MSMS Section 6.3 to ensure it operates as required. MJS_001 MJS_014 MJS_015 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 21 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor Cont. 2.18 Cont. Competence standards Is there a policy on revalidation or maintenance of qualifications in place? Satisfactory – the MSMS, Section 6.1 is titled ‘Argyll and Bute Council Training Policy’. The bullet pointed items in the training policy are considered to be comprehensive. Observation – it is not clear if the ‘policy’ within the MSMS has been approved by the Harbour Board and Duty Holder, nor is it clear at what frequency this policy is reviewed. Recommendation – the policy is separated from the body of the MSMS manual and presented as part of a policy pack. MJS_001 MJS Is there a list of the organisation’s staff, training received, qualifications held and/or experience required for their role? Satisfactory – the Marine Operations Admin Officer maintains a central record of training. Individual staff are identified with dates of training and certification held in day/month/year format. Harbour Master keeps a local record of all staff training. Observation – where training has been undertaken by the Council, the Marine Operations Admin Officer maintains course certification. Where qualifications were already held by the individual or completed locally, the Harbour Master holds the certification. Observation – the training records do not clearly lay out the date taken and expiry date for qualifications Recommendation – that the Council considers carrying out an audit of certification required to be held by staff and updates its central records accordingly. Recommendation – adding date taken and expiry date (named columns) to training records. MJS_001 MJS_014 MJS_015 MJS 2.19 – 2.22 Incident reporting and investigation Does the MSMS identify the organisation’s instruction regarding: reporting recording of incidents investigation enforcement (if relevant). Satisfactory – the MSMS Section 3.6 details the process to follow should an incident occur, this addresses reporting. The MSMS Section 9.2, 9.3, 9.6 and 9.7 details incident procedures and investigation. There are no incidents recorded for Craignure (noting that the database commences in 2017). Records evidenced. Non-compliance – there is no structured method for recording incident records for Bunessan, Fionnphort and Iona. Information from audit identifies that no incidents have been reported. Recommendation – a method of recording incidents, investigations and outcomes should be put in place for Bunessan, Fionnphort and Iona. MJS_016 MJS_017 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 22 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor GtGP 13.2 Incidents involving Death or Crime Are procedures in place for incidents involving death or crime? Satisfactory – the MSMS Section 9.8 details actions to be taken in the event of death or crime. MJS_001 MJS GtGP 13.9 Incident publication Does the Harbour Authority disseminate information from accident investigations? Satisfactory – incident reports are distributed to the Scottish Environment Protection Agency (SEPA) and the Maritime and Coastguard Agency (MCA), the MSMS, Section 3.7.1 identifies MCA reporting requirements. MJS_001 MJS 2.23 Incident statutory reporting Are procedures for reporting incidents to the MAIB in place? Satisfactory – the MSMS Section 9.10 details statutory reporting requirements, including the Marine Guidance Note (MGN) 564 ‘Incident reporting and investigation’. There have been no MAIB reportable incidents within A&BC’s SHA since MarNIS records commenced in 2017. MJS_001 MJS_017 MJS 2.24 Monitoring performance and auditing Has the MSMS been subject to audit (internal and/or external)? Satisfactory – the last external audit of the MSMS was conducted in October 2018 at: Campbeltown, Oban, Port Beag, Cuan Ferry Slip and Easdale Ferry. The last internal audit was carried out at Oban in August 2022. Observation – whilst there are system audits of the MSMS, it is not clear if Craignure, Bunessan, Fionnphort and Iona have been included in a cyclic audit of unstaffed marine facilities. Recommendation – the development of an internal audit schedule that includes unstaffed marine facilities. MJS_019 MJS_020 MJS_021 MJS_022 MJS 2.25 Enforcement Are local officers aware of enforcement powers and responsibilities? Satisfactory – the MSMS Section 9.12 provides the enforcement procedure. Observation – text within the MSMS provides outline requirements. There are no specific processes in place for Craignure with respect to enforcement or prosecution. This links to topics of duties and powers, local legislation and byelaws. Recommendation – the development of Craignure specific information and/or processes for enforcement and prosecution. MJS_001 MJS Is there a policy on enforcement and prosecution in place? Satisfactory – the MSMS, Section 9.11 is titled ‘Enforcement Policy’. Observation – it is not clear if the ‘policy’ within the MSMS has been approved by the Harbour Board and Duty Holder, nor is it clear at what frequency this policy is reviewed. Recommendation – the policy is separated from the body of the MSMS manual and presented as part of a policy pack. MJS_001 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 23 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendation Evidence Reference Auditor 2.26 Publication of plans and reports Does the organisation commit itself to developing policies and procedures to satisfy the requirements of the Code? Satisfactory – this requirement is evidence through the publication of PMSC policy and plans on the Council’s website. https://www.arg yll- bute.gov.uk/mar ine-safety- management- system MJS 2.27 Plan assessment Is an assessment of the organisation’s performance against the plan published? Non-compliance – the ‘Marine Safety Plan’ for the years 2018 to 2020 (the previous plan) has not been assessed and the Organisation’s performance published. Recommendation – a review of the previous plan for the years 2018 to 2020 is assessed and published. n/a MJS 2.28 Safety plan for marine operations Is a ‘Safety Plan for Marine Operations’ published (every three years). Satisfactory – a signed and issued ‘Marine Safety Plan’ approved by the Harbour Board on 04 March 2021 is hosted on the Council’s website. The plan covers the years 2021 to 2023. MJS_002 MJS 2.29 Consensus Has the Harbour Board maintained consensus with harbour users? See response in this Audit report, Section 2.17 on Consultation. n/a MJS 2.30 – 2.32 Monitoring compliance Has the Harbour Authority confirmed compliance with the PMSC for the port to the MCA within the last three years? Satisfactory – the Council wrote to the MCA on 10/03/21 to confirm its current state of compliance with the Code. Letter evidenced. The DfT list of ports reporting compliance does not include A&BC ports, harbours or marine facilities. This position has been taken by the DfT, guidance by the MCA, as the Council has confirmed it is not compliant at the time of writing the letter but was working towards full compliance in a number of key areas, including: legislation review and update, policy review, MSMS documentation and creation of Standard Operating Procedures (SOPs). MJS_023 https://www.go v.uk/governmen t/publications/p ort-marine- safety-code- compliant- ports/port- marine-safety- code- compliant- ports-list MJS GtGP 2.2.3 (also, Code Executive Summary) Monitoring compliance Has the Harbour Authority confirmed all organisations with its jurisdiction comply with the requirements of the Code? Satisfactory – there are no other Organisations within the Craignure SHA area operating marine facilities. n/a MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 24 A.3 PMSC Section 3 – General Duties and Powers PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 3.1 – 3.4 Safe and Efficient Port Operations Does the Duty Holder have regard to efficiency, economy and safety of operation in respect to the services and facilities provided? Satisfactory – a commitment to ‘safe and efficient’ port operations is made in the MSMS within the hydrographic policy and within individual port, harbour and Pier Annexes. Checking of the pier and breakwater is part of the pier asset inspection regime. MJS_001 MJS 3.5 Open port duty Is the port or harbour subject to Open Port Duty’? Satisfactory – Craignure operates on the premise that an Open Port Duty under Section 33 of the ‘Harbours, Docks and Piers Clauses Act 1847’ is in place. Bunessan, Fionnphort and Iona are not subject to Open Port Duty. MJS_001 MJS_005 MJS 3.6 – 3.6 Conservancy duty How does the harbour authority conserve the harbour?: Survey as necessary Place navigation marks Keep ‘vigilant watch’ for any seabed changes Keep hydrographic records Ensure hydrographic information is published Update UKHO. Satisfactory – the MSMS, Section 10, details the Harbour Authority’s approach to conservancy. This includes conservancy duty, hydrographic survey policy, dredging, Aids to Navigation (AtoN), wreck removal, dangerous vessels and licensing marine works. The last bathymetric survey at Craignure was conducted on 02 November 2021, the 30 May 2017 at Fionnphort, and 09 November 2020 at Iona. Information was passed by the survey contractor to UKHO. Observation – there have been no bathymetric surveys of Bunessan. The MSMS, in Section 10 ‘conservancy’ and Section 10.3 ‘Hydrographic Policy’ commit to undertaking such hydrographic surveys as are necessary for safe and efficient navigation and to provide port users with up-to-date and accurate hydrographic information. As such, the absence of survey information for Bunessan is considered to be a non- conformity with A&BC’s hydrographic policy. Recommendation – the policy on hydrographic survey is applied and bathymetric surveys conducted at Bunessan with the information shared with marine facility users. MJS_001 MJS_016 MJS_017 MJS_024 MJS 3.7 Updates provided to UKHO Does the organisation have an Agreement with UKHO, and/or do they provide survey information to UKHO? Satisfactory – a bilateral agreement between A&BC and the UKHO is in place, dated 17 March 2017. MJS_025 MJS_026 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 25 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor GtGP 1.9.11, and 7.8 Licensing, Regulating Harbour Works and Dredging? Does the harbour authority have the power to licence works? Satisfactory – there is no evidence that A&BC as Harbour Authority at Craignure has any powers to licence marine works under its local Acts and Orders. There is no licence held for the disposal of dredged material at sea. MJS_005 MJS 3.8 Environmental duty Does the Organisation understand its obligations: Nature conservation Section 48A of Harbours Act 1964 Obligations for SPA, SACs under Habitat Regs. the Nature Conservation (Scotland) Act 2004 Satisfactory – the MSMS, Section 11 is titled ‘Environmental Policy’ and Section 11.1.1 which provides four bullet points on plans, procedures and policies. Information regarding Craignure and its local habitat is contained in the Oil Pollution Response plan. Observation – the environmental policy lacks detail on how the obligations of the Harbour Authority under national legislation is delivered. Observation – practical measures for applying the policy (in terms of procedures) are not evident from the MSMS. Observation – training for staff on environmental duties and associated policy and procedures is not in place. Recommendation – the policy is separated from the body of the MSMS manual and presented as part of a policy pack with improved information linking to obligations under national legislation. Recommendation – develop procedures and link to staff training to implement environmental policy. Recommendation – development of a standardised environmental training delivery for port, harbour and pier employees. MJS_001 MJS_030 MJS 3.9 Civil Contingency Duty Does the MSMS include reference to the Harbour Authority’s obligations as a Category 2 responder? Satisfactory – the MSMS includes reference to Civil Contingency duties within supporting port, harbour and pier Annexes. MJS_001 MJS GtGP 6.2.4, 6.5 Emergency Planning / Pollution control Does the MSMS include emergency planning and oil pollution response? Satisfactory – an Oil Pollution Response Plan is in place, which was approved by the MCA on 04 December 2018 and is valid until the 27 November 2023. The annual OPRC return form was evidenced. A&BC maintain a Critical Activity Recover Plan (CARP) which incorporates the Council’s Civil Contingency duties. MJS_027 MJS_046 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 26 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor Cont. GtGP 6.2.4, 6.5 Cont. Emergency Planning / Pollution control Does the port/harbour carry out emergency plan exercises? Satisfactory – a training exercise for oil pollution was carried out for A&BC in Campbeltown on 23 November 2021, as operation ‘Smerby’. Evidence provided. In addition, locally, the Harbour Master has kit musters and drills prior to each season with seasonal staff. Staff also practised replacing a contaminated boom with a clean boom whilst keeping any oil entrapped. Observation – annual exercises of both the Oil Pollution Response Plan and the Emergency Plan at Craignure would be beneficial to schedule. Recommendation – the production of a yearly planner to detail emergency exercises. MJS_031 MJS_032 MJS 3.10 – 3.11 Harbour Authority Powers review Has the Harbour Authority reviewed its powers? See the audit report response in Section 2.3 – 2.6. n/a MJS 3.12 – 3.14 Revising Duties and Powers Evidence of Harbour Revision Orders, or Harbour Closure. Satisfactory – the last HRO was made in 1961. The need for a revision to bring all ports, harbour, piers and marine facilities into a common and modern format has been commenced. MJS_047 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 27 A.4 PMSC Section 4 – Specific Duties and Powers PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 4.2 Appointment of Harbour Master Is there a Harbour Master appointment for the port? Satisfactory – the MSMS identifies the Harbour Master’s role by name. Observation – at the time of audit there was no evidence of an appointment letter for the statutory role of Harbour Master or Deputy Harbour Master for Craignure. Recommendation – consider issuing a letter of appointment for statutory roles, separate to normal Human Resource (HR) letters. MJS_001 MJS 4.3 – 4.5 Byelaws Does the organisation have powers to make Byelaws, are these published? Not applicable – evidence does not support the powers to make Byelaws at Craignure. These powers are not identified in the 1961 Order. Bunessan, Fionnphort and Iona are marine facilities and not subject to powers available to a harbour authority. MJS_005 MJS Date of last byelaw review? Not applicable – no Byelaws are known to be issued. n/a MJS 4.6 – 4.7 Special Directions Are the Harbour Master’s powers of Direction shown in the MSMS, how is delegation identified? Satisfactory – the MSMS, Section 5.1.3.2, deals with the topic of Special Direction as a high level description stating: “Ports will monitor vessel movements to ensure compliance with all relevant bye-laws and General or Special Directions as well as Pilotage Directions and, where applicable, Local Notices to Mariners”. Observation – the MSMS Annex on Craignure does not provide information on how powers of Special Direction are used for controlling vessel movements. Recommendation – the MSMS Annex on Craignure should be expanded to include a procedure for issuing Special Directions. MJS_001 MJS 4.8 General Directions Are the powers of General Directions available to the Harbour? Not applicable – evidence does not support powers of General Direction at Craignure. These powers are not identified in the 1961 Order. Bunessan, Fionnphort and Iona are marine facilities and not subject to powers available to a harbour authority. MJS_005 MJS When were General Directions last reviewed? Not applicable – powers of General Direction are not available. n/a MJS 4.9 Harbour Directions Are Harbour Directions used and published? Not applicable – Harbour Directions have not been applied for. n/a MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 28 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor 4.10 GtGP 6.4 Dangerous Vessels Does the MSMS (or other plan) make provision for giving directions to dangerous vessels? Satisfactory – the Harbour Master has powers at Craignure (but not Bunessan, Fionnphort or Iona) under the Dangerous Vessels Act 1985. This is laid out in the MSMS, Section 10.4.4. Observation – information relating to the expected action for the Harbour Master in respect of a dangerous vessel should be laid out as a procedure. Recommendation – the creation of a Standard Operating Procedure based around actions a Pier or Harbour Master should take in respect of a dangerous vessel. MJS_001 MJS Is the role of the SOSREP acknowledged? Satisfactory – the ‘Secretary of State’ overruling the Harbour Master’s direction is acknowledged in the MSMS, Section 5.1.3.4 Observation – the term SOSREP is not included in the MSMS. Recommendation – the term SOSREP should be included with an explanation of the role and how this operates in the UK. MJS_001 MJS GtGP 6.2 Dangerous Substances Are there clear requirements for declaration of dangerous goods/substances? Satisfactory – the declaration of dangerous goods and substances is detailed in the MSMS, Section 5.1.3.6. The Council’s website contains reporting forms for the declaration of dangerous goods. Observation – the MSMS states that: “Dangerous Substances in Harbour Areas Regulations (DSHAR) 2016”. The current regulations are the ‘The Dangerous Goods in Harbour Areas Regulations 2016 (DGHAR)’. Recommendation – updating the MSMS to the latest regulation and acronym. MJS_001 MJS_042 MJS_043 MJS GtGP 8.4 Vessel Traffic Management Is vessel traffic managed within the port area, how is this achieved? Satisfactory – vessel traffic self-manages within Craignure with the regular ferry service following its passage plan o, and from the pier. As marine facilities, Bunessan, Fionnphort and Iona do not have harbour jurisdictions requiring vessel traffic management. Observational MJS Is vessel traffic monitoring information passed to the MCA by the quickest means? Satisfactory – the Council has a CERS login, however there is no evidence of CERS reporting given the traffic type using Craignure, Bunessan, Fionnphort and Iona. n/a MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 29 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor Cont. GtGP 8.4 Cont. Vessel Traffic Management Has the need for VTS/LPS been reviewed recently? Satisfactory – the current method of vessel traffic management has been arranged to meet the demands of harbour use. The formal risk assessment for vessel traffic management is a strategic action in the Marine Safety Plan and is dated for completion by 2023. This strategic action references MGN 401, (MCA, 2022). Observational MJS GtGP 13.2.2 Drink and drugs Do staff know what to do if they suspect that a mariner (master, pilot, seaman) has committed an offence whilst on duty? Satisfactory – the MSMS references the Railways and Transportation Safety Act (RATSA) 2003. The MSMS, Section 9.8 also references actions to take if a crime has been committed. The Council also has a Drink and Drugs Policy for its own staff. MJS_001 MJS 4.11 GtGP 9.0 Pilotage Is the port a CHA? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS Has the requirement for pilotage been reviewed? Satisfactory – A&BC’s harbour operation at Craignure does not handle vessels of sufficient size to require a Pilotage Service. None of the risk assessments for the harbour identify the need for a Pilotage Service. MJS_011 MJS_012 MJS 4.12 GtGP 9.4 Pilotage Directions Are Pilotage Directions issued? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS 4.12 GtGP 9.4 Pilotage Directions Were stakeholders consulted during the drafting phase of the most recent Pilotage Direction? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS 4.13 GtGP 9.4 Authorisation of pilots Is the process for appointing Pilots referenced in the MSMS? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS 4.14 GtGP 9.4.31 Pilot Training Does the CHA implement the International Maritime Organisation (IMO) resolution A960? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS GtGP 9.5.43 Pilotage Does the authority operate an effective Pilot Fatigue Management System? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS 4.15 – 4.16 GtGP 9.5 Pilot Exemption Certificates Is a clear process for the issuing of PECs published? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS Are the requirements equivalent to those for an authorised pilot? Not applicable – the Organisation is not a Competent Harbour Authority. n/a MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 30 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor GtGP 8.7.15 – 8.8.10 Port Passage Plan Is there a published passage plan? Satisfactory – information for Craignure is included in the Admiralty List of Radio Signals (ALRS), Volume 6. ALRS, Volume 6 MJS GtGP 8.10 Recreational navigation Are recreational users of the harbour considered? Satisfactory – information is published on A&BC website providing contact information and harbour specifics. Iona slipway information links to the CalMac webpage. Bunessan is listed, with limited information shown. Observation – Fionnphort does not have any information on the A&BC ‘Piers and Harbours’ website. Recommendation – consider making an entry for Fionnphort on the A&BC ‘Piers and Harbours’ website. https://www.arg yll- bute.gov.uk/mid -argyll-kintyre- and- islay/craignure- pier MJS 4.17 – 4.20 Collecting Dues Are dues clearly defined? Satisfactory – charges (including dues) are laid out on the Council’s website. The process for setting charges uses a benchmarking exercise with other local ports. Charges are increased at the rate of inflation. https://www.arg yll- bute.gov.uk/fee s/22/piers MJS 4.21-4.23 Aids to Navigation Are defects and rectification of defects recorded? Satisfactory – as the Local Lighthouse Authority (LLA) the following Aids to Navigation are maintained at Craignure. 2x CAT 2: Fixed Red Lights (vertical) leading lights (240° True). MJS_001 MJS 4.24 GLA returns Are returns made to the GLA? Satisfactory – the LATON three-year return for A&BC identifies the availability return values for the period April 2019 to April 2022 as: Cat 2 = 99.84% (target is 99%) Cat 3 = 100% (target is 97%) Provision and maintenance of Aids to Navigation is recognised as an area of best practice. MJS_044 MJS 4.25-4.32 Wrecks, Abandoned or unserviceable vessels Does the MSMS refer to powers for dealing with wrecks? Satisfactory – the MSMS addresses wrecks within the Conservancy section. Removal of wreck from Craignure Bay (Oct/Nov 2022) evidenced. Observation – the MSMS does not contain specific information on dealing with wrecks, derelict or abandoned vessels. Recommendation – the topic of wrecks, derelict and abandoned vessels is covered by a Harbour Authority procedure. MJS_001 MJS_029 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 31 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor GtGP 9.4.17 -9.4.21 Pilot Launches Do pilot boats meet statutory requirements and appropriate Codes? Not applicable – the Organisation is not a Competent Harbour Authority and therefore has no requirement to operate a pilot boat. n/a MJS GtGP - 10 Towage Operations Does the organisation produce towage guidelines? Satisfactory – the MSMS, Section 13.1.1.6 addresses towage. Observation – the section on towage addresses Campbeltown only. There is no comment on towage (either routine or non- routine) at other A&BC ports, harbours or piers. Recommendation – drafting of appropriate towage guidelines for all A&BC ports, harbours or piers. MJS_001 MJS Is there a process for approving towage providers? Not applicable – there are no towage providers in Craignure Harbour. n/a MJS Are non-routine tows pre- approved / managed by the organisation? Satisfactory – the MSMS, Section 13.1.1.6 addresses towage. MJS_001 MJS GtGP 1.9.11 Licensing Harbour Tugs? Does the harbour authority have the power to licence tugs? Not applicable – there are no known powers to licence tugs. n/a MJS GtGP - 10.4 Diving Operations (commercial) Is there a process for managing commercial diving? Satisfactory – the MSMS, Section 13.1.1.7 addresses commercial diving in the harbour. A ‘Permission to Dive Permit’ for 17 June 2021 for Iona and 24 May 2022 for Craignure were evidenced. MJS_001 MJS_034 MJS_035 MJS GtGP - 10.4 Diving Operations (recreational) Is there a process for managing recreational diving? Not applicable – there is no history of recreational diving. n/a MJS GtGP - 6.7.3 Hot Work Permits Is there a process for managing Hot Works? Satisfactory – the MSMS, Section 13.1.1.2 under ‘Mooring Operations’ states that: “Where appropriate permission to undertake Hot Work is required for any burning, welding, flame cutting, heating by blow torch and brazing, when it is being done outside the engine room of a vessel. All hot work activities carried out by third parties and other contractors in the port is controlled by a “Hot Work Permit”. There is no history of using the ‘Hot Work Permit’ at Craignure, Bunessan, Fionnphort or Iona. MJS_001 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 32 PMSC / GtGP Reference Subject Evidence Required For Compliance Evidence of Compliance Recommendations Evidence Reference Auditor GtGP – 6.7.3 Bunkering Is there a process for managing Bunkering? Satisfactory – the MSMS, Section 13.1.1.4 states that: “Bunkering may take place within Harbour areas with approval of the Harbour Master or his/her Assistant and Bunkering Operations will follow an Approved Bunkering Procedure provided by the Bunker Fuel Supplier”. The only bunkering activity undertaken is at Craignure where CalMac vessels are bunkered by tanker on the vessel (using the vessel’s own check list and procedures). MJS_001 MJS GtGP – 11.3, 11.4 Regulation of Port Craft, Pilot Launches and Workboats Does the Authority have a procedure for regulating port craft? Satisfactory – the MSMS, Section 13.1.1.5 has a detailed section on the expectations for Boat Licensing. Observation – there is currently no method of obtaining assurance that craft working commercial (i.e., not Council contracted activities) are operating their vessels in accordance with relevant MCA codes. Recommendation – the Harbour Authority considers the requirements of the Code and GtGP (Section 11.3, 11.4) with respect to regulating third party commercial workboats and launches within its area of jurisdiction and creates a registration scheme for workboats using the Authority’s area. MJS_001 MJS
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 33 B Quayside Checks Visual observation of the harbour and marine facilities are Craignure, Bunessan, Fionnphort and Iona were undertaken on Thursday 29 September 2022. B.1 Craignure Reference Subject Evidence Required For Compliance Observation Recommendations Auditor PMSC 3.0 GtGP 8.11.19 ACOP 207-208 SIP 014 Access Is the quayside and its access locations clear of debris and obstructions? Satisfactory – the Craignure Pier was free from debris and trip hazards. There was good signage for the jetty. HJA/SRB Pedestrian/Disabled access for passengers or leisure users? Satisfactory – pedestrian walkways were clearly marked. HJA/SRB Is the type and condition of quayside surface appropriate to the operation? Satisfactory – the pier was in generally good condition and surface is appropriate to its intended use. HJA/SRB ACOP 211-223 SIP 014 Rescue and Lifesaving equipment (LSE) at the water’s edge Is there appropriate means of egress from the water? Satisfactory – access and egress ladders were installed at appropriate distances along the pier. HJA/SRB Is there appropriate LSE at quay edge? Satisfactory – adequate lifesaving equipment (life rings) were installed along the pier. Observation – some of the ladders do not continue below the waterline. See Image B1. Observation – some ladders located at the pier end were missing handrails and/or grab loops at deck/cope level. See Image B2. Recommendation – ladders should be replaced with ones that extend to at least 1 m below the low water mark. Recommendation – ladders with missing handrails or grab looks should have these fitted to assist ladder users reach the pier deck. HJA/SRB SIP 005 Bollards and securing equipment Does the general condition of bollards appear to be in good order? Satisfactory – in the opinion of the auditor, the mooring bollards appeared to be well maintained and painted yellow. All mooring equipment observed to be in good condition. HJA/SRB Are the bollards numbered and Safe Working Load (SWL) shown? Satisfactory – the bollards were all marked with SWL. Observation – there was no (obvious) numbering of the mooring bollards. Recommendation – bollards should be numbered for ease of identification. HJA/SRB Are additional bollards/rings required? Satisfactory – in the opinion of the auditor, ample mooring bollards on the pier are provided. HJA/SRB
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 34 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor SIP 005 Fenders Is the fendering appropriate to the vessel being handled? Satisfactory – fendering on the pier is fixed and observed to be in good condition. Fendering was suitable for the vessels being used. HJA/SRB Is the condition of the fendering in good order? Satisfactory – pier fendering observed to be in good condition. HJA/SRB Are chaffing plates used? Satisfactory – chaffing plates and/or wood sections were in use along the pier edge. HJA/SRB ACOP 232-235 SIP 005 SIP 014 Lighting Is lighting appropriate and appear to be in compliance with ACOP ‘safety in docs’ and the PFSP? Satisfactory – lighting units were installed around the pier and were considered sufficient for operations (note, the onsite checks were carried out in daylight, lighting at night was not seen). HJA/SRB ACOP 58-60 Layout Is adequate separation delineated between quayside operations? Satisfactory – the ferry passengers follow a marked footpath, separate from pier operations. HJA/SRB ACOP 82 Signage Is appropriate signs and markings provided Satisfactory – signage was evident throughout the pier and entrance to the pier. HJA/SRB
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 35 Image B1. Craignure, ladder does not extend below waterline Image B2. Craignure, ladder with missing handrails or grab loops
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 36 B.2 Bunessan Reference Subject Evidence Required For Compliance Observation Recommendations Auditor PMSC 3.0 GtGP 8.11.19 ACOP 207-208 SIP 014 Access Is the quayside and its access locations clear of debris and obstructions? Observation – housekeeping was considered to be poor. There were disused ropes hanging off the pier and there was a substantial amount of stored and/or abandoned fishing equipment, ropes, pots and other fishing items along the pier. See Image B3. Observation – obsolete (rusting) metal lifting equipment fixed to the pier presented a trip hazard. See Image B4. Recommendation – users of the pier and harbour staff should remove unused items, dispose of old fishing gear in a responsible manner and provide housekeeping to ensure the pier can be used free of trip hazards. Any ropes or unwanted fishing gear can become an entrapment hazard for wildlife, pier users and contribute to ghost fishing1. Recommendation – lifting equipment should be removed if no longer in use. HJA/SRB Pedestrian/Disabled access for passengers or leisure users? Satisfactory – the pier had no clearly marked walkways, but it was considered not required as the pier is not used routinely by members of the public. HJA/SRB Is the type and condition of quayside surface appropriate to the operation? Satisfactory – the pier had clear access approaching it, the road surface was in reasonable condition but did have isolated potholes. HJA/SRB ACOP 211-223 SIP 014 Rescue and Lifesaving equipment (LSE) at the water’s edge Is there appropriate means of egress from the water? Satisfactory – the pier had adequate numbers of ladders and stairs from the pier. Observation – steps were not accessible due to ropes and other debris impeding access on the pier. See Image B3. Observation – the handrail located along the pier edge was very loose. Observation – ropes and tires were tied to ladders impeding use. See Image B5 . Recommendation – clear pier of debris to allow access to and from ladders and stairs. Recommendation – the handrail should be re- secured firmly to the pier edge. Recommendation – clear all ropes and obstructions from ladders. HJA/SRB Is there appropriate LSE at quay edge? Satisfactory – the pier had adequate numbers of life rings fitted to the handrails. Observation – one life ring was found to be in a deteriorated state. See Image B6. Recommendation – inspection and renewal of the life ring and the commencement of a regular inspection regime. HJA/SRB 1 Discarded, lost, or abandoned, fishing gear in the marine environment which contributes to boat damage and death of wildlife through entrapment.
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 37 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor SIP 005 Bollards and securing equipment Does the general condition of bollards appear to be in good order? Satisfactory – in the opinion of the auditor the bollards and rings appeared to be appropriate to the size of vessels using the pier and in an adequate state of repair. Observation – the bollards and rings may present a trip hazard. Recommendation – that bollards and mooring rings, or area around the mooring rings at the pier are painted in a bright colour to aid their identification. HJA/SRB Are the bollards numbered and Safe Working Load (SWL) shown? Observation – there was no (obvious) SWL for bollards. Observation – there was no (obvious) numbering of the mooring bollards. Recommendation – bollards should be marked with their SWL. Recommendation – bollards should be numbered for ease of identification. HJA/SRB Are additional bollards/rings required? Satisfactory – in the opinion of the auditor, ample bollards and rings are installed along the pier which are considered to be appropriate for the size of vessel being handled. HJA/SRB SIP 005 Fenders Is the fendering appropriate to the vessel being handled? Observation – fendering on the pier edge was observed to be deteriorated and potentially in need of replacement. See Image B7. Recommendation – review pier edge wooden protection to consider if replacement is required. HJA/SRB Is the condition of the fendering in good order? Observation – fendering on the pier was considered to be inadequate, vessel owners had provided temporary and makeshift protection. Recommendation – review the fendering arrangements and consider fitting protective measures, for example, fixed rubber sections. HJA/SRB Are chaffing plates used? Not Applicable – no chaffing plates seen. HJA/SRB ACOP 232-235 SIP 005 SIP 014 Lighting Is lighting appropriate and appear to be in compliance with ACOP ‘safety in docs’ and the PFSP? Satisfactory – light units were installed around the pier and were considered sufficient for operations (note, the onsite checks were carried out in daylight, lighting at night was not seen). HJA/SRB ACOP 58-60 Layout Is adequate separation delineated between quayside operations? Satisfactory – the quayside is thought to be used infrequently and by pedestrians only. HJA/SRB ACOP 82 Signage Is appropriate signs and markings provided Satisfactory – signage was evident along the pier and at the root of the pier. HJA/SRB
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 38 Image B3. Bunessan, trip hazards and obstruction to steps. Image B4. Bunessan, obsolete lifting equipment (trip hazard)
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 39 Image B5. Bunessan, tires and ropes affixed to ladders Image B6. Bunessan, life ring
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 40 Image B7. Bunessan, wooden fendering in disrepair
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 41 B.3 Fionnphort Reference Subject Evidence Required For Compliance Observation Recommendations Auditor PMSC 3.0 GtGP 8.11.19 ACOP 207-208 SIP 014 Access Is the quayside and its access locations clear of debris and obstructions? Satisfactory – the pier and slipway were generally clear of debris and all fishing pots were neatly stacked to the side. Observation – fishing pots were neatly stacked blocking access to the pier presenting a trip hazard. See Image B8. Observation – the gate to the pier was tied shut, and CalMac ferry employees were witnessed jumping around the gate rather than going through it. Observation – there were a couple of raised metal eyelets that presented trip hazards and were not marked with a bright and notable colour. Recommendation – pier should be easily accessible and fishing pots should be moved. Recommendation – gate should be locked to prevent public access; however gates should be accessible to pier operatives/ferry staff to allow them access to the restricted area. Recommendation – eyelets are either painted or removed if no longer useful. HJA/SRB Pedestrian/Disabled access for passengers or leisure users? Satisfactory – walkways were clearly marked for pedestrians and cars accessing the ferry via the slipway. HJA/SRB Is the type and condition of quayside surface appropriate to the operation? Satisfactory – the pier and slipway were generally in good condition and free of marine growth. There were a few small potholes. HJA/SRB ACOP 211-223 SIP 014 Rescue and Lifesaving equipment (LSE) at the water’s edge Is there appropriate means of egress from the water? Satisfactory – the were an adequate number of access and egress ladders installed. HJA/SRB Is there appropriate LSE at quay edge? Satisfactory – Life saving equipment (life rings) were installed at the appropriate distances along the pier. Observation – one life ring was missing its cover. See Image B9 Recommendation – life ring cover should be replaced. HJA/SRB SIP 005 Bollards and securing equipment Does the general condition of bollards appear to be in good order? Satisfactory – in the opinion of the auditor the bollards and rings appeared in good condition. Observation – the bollards and rings may present a trip hazard and were not marked with a bright and notable colour. Recommendation – bollards on the pier and mooring rings, or area around the mooring rings on the slipway are painted in a bright colour to aid their identification. HJA/SRB
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 42 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor Cont. SIP 005 Cont. Bollards and securing equipment Are the bollards numbered and Safe Working Load (SWL) shown? Observation – there was no (obvious) SWL for bollards. Observation – there was no (obvious) numbering of the mooring bollards. Recommendation – bollards should be marked with their SWL. Recommendation – bollards should be numbered for ease of identification. HJA/SRB Are additional bollards/rings required? Satisfactory – in the opinion of the auditor, ample bollards and rings are installed along the pier and slipway which are considered to be appropriate for the size of vessel being handled. HJA/SRB SIP 005 Fenders Is the fendering appropriate to the vessel being handled? Satisfactory – pier fendering is fixed and observed to be in good condition. HJA/SRB Is the condition of the fendering in good order? Satisfactory – all fitted fendering was observed to be in good condition. HJA/SRB Are chaffing plates used? Not Applicable – no chaffing plates seen. HJA/SRB ACOP 232-235 SIP 005 SIP 014 Lighting Is lighting appropriate and appear to be in compliance with ACOP ‘safety in docs’ and the PFSP? Satisfactory – light units were installed around the pier and were considered sufficient for operations (note, the onsite checks were carried out in daylight, lighting at night was not seen). HJA/SRB ACOP 58-60 Layout Is adequate separation delineated between quayside operations? Satisfactory – walkways were clearly marked for pedestrians and cars accessing the ferry via the slipway. HJA/SRB ACOP 82 Signage Is appropriate signs and markings provided Satisfactory – signage was evident at the throughout pier and slipway. HJA/SRB
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 43 Image B8. Fionnphort, access to pier blocked by fishing pots Image B9. Fionnphort, life ring missing cover
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 44 B.4 Iona Reference Subject Evidence Required For Compliance Observation Recommendations Auditor PMSC 3.0 GtGP 8.11.19 ACOP 207-208 SIP 014 Access Is the quayside and its access locations clear of debris and obstructions? Satisfactory –both slipways had good access and were clear of debris. Observation – a significant amount of concrete obstructed access for small vessels using the slipway at certain states of tide. This presents a navigational hazard and creates a risk of grounding or contact which may result in vessel hull damage. Recommendation – concrete obstructions are removed from the seabed to allow increased access by vessels. HJA/SRB Pedestrian/Disabled access for passengers or leisure users? Satisfactory – walkways were clearly marked for pedestrians and cars accessing the ferry via the ferry slipway. The small vessel slipway was just used by members of the public, so no walkways were marked. HJA/SRB Is the type and condition of quayside surface appropriate to the operation? Satisfactory – the slipway was generally in good condition and free of marine growth. Observation – the ferry slipway had some obvious potholes and was considered to be in need of surface maintenance. Observation – the surface of the bottom of the small vessel slip was poor and uneven. There was also a reasonable sized step, that was not marked. See Image B10. Recommendation – ferry slipway surface should be reviewed, and repair arranged if trip hazards are identified. Recommendation – the small vessel slipway surface is repaired, and the step is incorporated into a slope or marked. HJA/SRB ACOP 211-223 SIP 014 Rescue and Lifesaving equipment (LSE) at the water’s edge Is there appropriate means of egress from the water? Satisfactory – there was an access ladder fitted on to the ferry slipway. Observation –a rope is used to help prevent an accidental fall from the top of the ladder. See Image B11 Recommendation – a suitable karabiner and wire (stainless steel) is used to replace the rope, allowing safe access to and from the ladder when required. HJA/SRB Is there appropriate LSE at quay edge? Satisfactory – Life saving equipment (life rings) were installed at the required intervals. Observation – there was no lifesaving equipment accessible off the small vessel slip way Recommendation – move one life ring to the south side of the handrail facing the small vessel slip HJA/SRB
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 45 Reference Subject Evidence Required For Compliance Observation Recommendations Auditor SIP 005 Bollards and securing equipment Does the general condition of bollards appear to be in good order? Satisfactory – the mooring rings on the small vessel slip way are in good condition. Mooring rings on the ferry slip were in good condition but rusted. Observation – there was one bollard on the north edge of the ferry slipway that lacked maintenance. Recommendation – bollard is either maintained or removed if no longer in use HJA/SRB Are the bollards numbered and Safe Working Load (SWL) shown? Observation – there was no (obvious) SWL for the bollard. Observation – there was no (obvious) numbering of the mooring bollard. Recommendation – bollards should be marked with their SWL. Recommendation – bollards should be numbered for ease of identification. HJA/SRB Are additional bollards/rings required? Satisfactory – in the auditor’s opinion, mooring rings on the ferry slip were adequate and suitable for the vessels using them. Observation – through anecdotal information and observation the mooring rings were judged to be unfit for use due to construction. Recommendation – repair or replace mooring rings to ensure they are suitable for vessels. HJA/SRB SIP 005 Fenders Is the fendering appropriate to the vessel being handled? Not applicable HJA/SRB Is the condition of the fendering in good order? Not applicable HJA/SRB Are chaffing plates used? Not applicable HJA/SRB ACOP 232-235 SIP 005 SIP 014 Lighting Is lighting appropriate and appear to be in compliance with ACOP ‘safety in docs’ and the PFSP? Satisfactory – light units were installed around the pier and were considered sufficient for operations (note, the onsite checks were carried out in daylight, lighting at night was not seen). HJA/SRB ACOP 58-60 Layout Is adequate separation delineated between quayside operations? Satisfactory – walkways were clearly marked for pedestrians and cars accessing the ferry via the slipway. HJA/SRB ACOP 82 Signage Is appropriate signs and markings provided Satisfactory – signage was evident at all slipways. HJA/SRB
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Port Marine Safety Code - Audit: Isles of Mull and Iona (Craignure, Bunessan, Fionnphort, Iona) 2022 Argyll and Bute Council ABPmer, November 2022, R.4024 | 46 Image B10. Iona, small vessel slipway step and poor quality surface Image B11. Iona, access ladder is blocked by rope
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