Operators and employers in for a bumpy ride
Andrew Forsyth is an Associate in the Shipping and Transport team of Brodies LLP, a leading Scots law firm with offices in Edinburgh, Glasgow and Aberdeen.
A flyer issued by the Marine Accident Investigation Branch (MAIB) earlier this year may have consequences for insurers and employers who own, operate, or have employees travel on RIBs, writes Andrew Forsyth, an Associate at Brodies LLP.
The report followed the investigation of an accident on the River Thames on 6 May 2010. A passenger was injured whilst being transported on a RIB to a jack-up rig. All seats were taken so he sat on the lid of the forward locker, regularly used as a seat but with no effective back rest/padding, hand-holds or foot straps. Conditions were calm but the RIB’s speed of 30 knots caused him to be repeatedly bounced up and down.
The resultant series of low energy shocks led to significant back injury. He required an external body support brace and could not return to full time employment for six months. He was still receiving physiotherapy treatment when the MAIB report was published, eight months after the accident.
It will surprise many that what appears an everyday practice can have such significant consequences. However, the problems are widespread. The MAIB has been notified of 12 similar accidents over the past two years. The impact upon employers can be significant not only in relation to lost man hours, but also to potential civil, and criminal, liabilities.
The MAIB identified that risk of injury can be reduced by ensuring that:
• occupants have appropriate seating;
• helmsmen are suitably trained;
• the boat is appropriately designed and outfitted; and
• procedures are implemented excluding particular at risk passengers
Employers and operators should also be aware of the Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007. The terms of the 2007 Regulations include requirements relating to persons exposed to whole body vibration with the need to risk assess and monitor vibration and ensure levels are kept below those prescribed. A failure to comply may also lead to civil and criminal liability. The Maritime and Coastguard Agency (MCA) has issued a Guidance Note (MGN 353 (M+F)) regarding compliance with these Regulations.
The full investigation report and safety flyer can be found at www.maib.gov.uk/publications/. Following its investigation the MAIB has recommended that the MCA prioritises revision of its Guidance Note for small commercial vessels (MGN 280), to include reference to the 2007 Regulations and provide guidance on passenger safety.
The starting point for compliance is, as ever, to ensure that risk assessments are in order. Those operating vessels should ensure that risk assessments account for the matters identified by the MAIB, above, and comply with the 2007 Regulations.
Many employers will employ persons who regularly travel on RIBs operated by third parties. Those employers should ensure that the third party has robust risk assessments and practices. An employer does not necessarily escape liability just because an injury was sustained on a third party’s vessel.
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