Investigation and enforcement following incidents on UK vessels

Many marine operators are used to dealing with the MCA but will be less prepared for the HSE (Health and Safety Executive). The HSE has responsibility for a considerable range of activities at the water margin and offshore including docks, offshore, diving and offshore industries.

The HSE takes a very robust approach to prosecutions and also charges at a high hourly rate for investigations even when the company is exonerated.

A serious incident on board any ship in UK waters will almost certainly attract the attention of the authorities. Whether an investigation is led by the MCA, the MAIB or the HSE will depend upon the circumstances. The Police may or may not take a similar interest. The area in the vicinity of a fatality may be treated as a crime scene and witnesses may be questioned with one eye on future prosecution.

Ship operators are used to the MCA and MAIB but be warned; the HSE also has a large role once an accident has occurred:

A Memorandum of Understanding between the agencies explains the process under which the organisations will co-operate to ensure that the most appropriate body is recognised as the lead authority at an early stage.

MCA and MAIB are the lead authorities for the inspection and investigation of accidents on any ship. But HSE is the lead authority for enforcement and investigation of occupational accidents with primacy in many marine areas including ship yards, the offshore industry, diving and construction sectors.

The agreement expects practical working level contacts and procedures, and clear lines of communication between HSE and MAIB inspectors and MCA surveyors. Despite these aims, there can confusion following a serious accident

The various organisations claim to avoid duplication of activity where legislation overlaps and also claim to avoid placing conflicting requirements on dock operators and ship operators. In practice this is not always the case. In a recent incident involving a foreign flagged vessel in dry dock the HSE applied UK domestic office construction regulations and deemed certain equipment on the vessel non-compliant. This despite the vessel having full clean certification from its Flag and Class authorities.

When things go seriously wrong the agencies directed coordinate to ensure effective and efficient prosecution of offences. The HSE in particular has vast powers and can demand huge fines following a successful prosecution. The fine is related to the severity of the offence and the size of the company. In addition, the HSE also levies charges for its investigation. At the most severe end of the scale a medium sized company convicted for Corporate Manslaughter breaches will attract a fine in the range £1.8 million to £7.5 million.

Patrick recommends that advice be sought at an early stage in such cases.