Msc Presentation 062509

Marine Safety Marine Safety Consultants,Consultants, Inc. Inc.

Protecting Marine Systems, Protecting Marine Systems, and the Environment Through and the Environment Through

ComplianceCompliance

WHO WE AREWHO WE ARE

• USCG/US NAVY USCG/US NAVY

• USCG Licensed Professional Mariners USCG Licensed Professional Mariners

• Emergency Response ProfessionalsEmergency Response Professionals

• Compliance Professionals Compliance Professionals

• Certified Marine SurveyorsCertified Marine Surveyors

• Maritime Industry ConsultantsMaritime Industry Consultants

WHAT WE DOWHAT WE DO

• Compliance consultingCompliance consulting• Response Planning (33 CFR)Response Planning (33 CFR)

• Security Planning (33 CFR)Security Planning (33 CFR)

• Safety Planning (29 CFR)Safety Planning (29 CFR)

• TrainingTraining

• AuditsAudits

• AssessmentsAssessments

WHAT WE DOWHAT WE DO

• Vessel SurveysVessel Surveys

• Damage SurveysDamage Surveys

• Trip in TowTrip in Tow

• On/Off charterOn/Off charter

• Evaluation of Cargo DamageEvaluation of Cargo Damage

Safety SurveysSafety Surveys

Emergency Emergency ResponseResponse

Response Response ManagemenManagemen

tt

Response PlanningResponse Planning

Profit Through ComplianceProfit Through Compliance

• Avoiding Fines, Penalties and LiabilitiesAvoiding Fines, Penalties and Liabilities

Identifying Potential Identifying Potential Compliance LiabilitiesCompliance Liabilities

• Working within today’s regulatory Working within today’s regulatory environment.environment.

Regulatory ClimateRegulatory Climate

• Vessel/Facility Response Plans (33 CFR)Vessel/Facility Response Plans (33 CFR)• Vessel/Facility Security Plans (33 CFR)Vessel/Facility Security Plans (33 CFR)• Marine Transportation Related Facility Marine Transportation Related Facility

Response Plans (33 CFR)Response Plans (33 CFR)• Shipboard Oil Pollution Emergency Plans Shipboard Oil Pollution Emergency Plans

(SOPEP) (33 CFR)(SOPEP) (33 CFR)• Non Tank Vessel Response Plans (33 Non Tank Vessel Response Plans (33

CFR)CFR)• Fire Protections Measures (46 CFR)Fire Protections Measures (46 CFR)

New DevelopmentsNew Developments

• Fire protection measures for tow vessels (46 CFR Fire protection measures for tow vessels (46 CFR part 27)part 27)

• Salvage & Marine Firefighting requirements (33 Salvage & Marine Firefighting requirements (33 CFR) Implemented 30 Jan 2009CFR) Implemented 30 Jan 2009

• Response Plan for Non Tank Vessels (NVIC 01-05)Response Plan for Non Tank Vessels (NVIC 01-05)• Transportation Workers Identification Cards. (TWIC)Transportation Workers Identification Cards. (TWIC)• HAZMAT Endorsement Threat Assessment Program HAZMAT Endorsement Threat Assessment Program

pertinent to truck drivers hauling Hazardous pertinent to truck drivers hauling Hazardous materials.materials.

• EPA regulations pertaining to the issuance of Vessel EPA regulations pertaining to the issuance of Vessel General Permits (VGP) for “General Permits (VGP) for “discharge incidental to the discharge incidental to the normal operations of a vesselnormal operations of a vessel””

ExposureExposure

•Penalties and FinesPenalties and Fines

•Personal LiabilityPersonal Liability

•Loss of RevenueLoss of Revenue

Regulatory CloutRegulatory Clout

• Fines and Liabilities for Non-ComplianceFines and Liabilities for Non-Compliance

• 33 CFR 130.3 Failure to have certificate of financial 33 CFR 130.3 Failure to have certificate of financial responsibility (COFR) for carriage of oil or hazardous responsibility (COFR) for carriage of oil or hazardous substances: min=$10000; max=$25,000substances: min=$10000; max=$25,000

• 33CFR 154.750 Failure of facility transferring oil or HAZMAT in 33CFR 154.750 Failure of facility transferring oil or HAZMAT in bulk to comply with operations manual: min=$2,000; bulk to comply with operations manual: min=$2,000; max=$25,000max=$25,000

• 33CFR 155 Any violation of this part under MARPOL: 33CFR 155 Any violation of this part under MARPOL: min=$5,000; max=$25,000min=$5,000; max=$25,000

• 33CFR 155.740 Transfer Procedures not posted or available: 33CFR 155.740 Transfer Procedures not posted or available: min=$2,000; max=$25,000min=$2,000; max=$25,000

Personal LiabilitiesPersonal Liabilities

• Indictments for Environmental ViolationsIndictments for Environmental Violations

• Negligent discharge of pollutants, conspiracy related Negligent discharge of pollutants, conspiracy related to unlawful discharge of bilge oil, plastics, glass, to unlawful discharge of bilge oil, plastics, glass, metal and waste from burn barrels and failure to metal and waste from burn barrels and failure to report discharge. (Company and 3 officials found report discharge. (Company and 3 officials found guilty) Company faced $4.2 million in fines, guilty) Company faced $4.2 million in fines, individuals face criminal fines and up to 5 years in individuals face criminal fines and up to 5 years in prison.prison.

• Unlawful discharge of bilge waste and failure to Unlawful discharge of bilge waste and failure to report resulting oil spill. Fines $500,000 with 5 years report resulting oil spill. Fines $500,000 with 5 years probation (inport cost to discharges $1,500) probation (inport cost to discharges $1,500)

Loss of Productivity vs. Loss of Productivity vs. ComplianceCompliance

• Vessels or Facilities unable to Vessels or Facilities unable to conduct business or perform conduct business or perform intended duties due to compliance intended duties due to compliance issues.issues.

•Response Plan approval hold up or Response Plan approval hold up or misplaced approval lettermisplaced approval letter

•Down time due to spill of significance Down time due to spill of significance compounded by failure to follow policy set compounded by failure to follow policy set forth within response planforth within response plan

What can this mean?What can this mean?

• Civil fines and costs by USCG and Civil fines and costs by USCG and EPAEPA

• Personal and corporate liabilitiesPersonal and corporate liabilities

• Downtime - Loss of Job integrityDowntime - Loss of Job integrity

Solving the ProblemSolving the Problem

• Plan or Manual development.Plan or Manual development.

• Training.Training.

• The right personnel managing the The right personnel managing the problem.problem.

• Drill/Exercise corporate plans & Drill/Exercise corporate plans & policies.policies.

• Critique, change and evolve plans as Critique, change and evolve plans as circumstances dictate.circumstances dictate.

Supporting FactsSupporting Facts

• Training - insures personnel follow Training - insures personnel follow policy policy

• High level management in charge High level management in charge insures plan and policy implementation insures plan and policy implementation

• Frequent exercising of plans insures Frequent exercising of plans insures smooth transition into live evolutionssmooth transition into live evolutions

• Maintaining a dynamic plan platform, Maintaining a dynamic plan platform, insures police and plan features remain insures police and plan features remain current and relevantcurrent and relevant

BenefitsBenefitsLooking at the Big PictureLooking at the Big Picture

• Maintain job and corporate integrityMaintain job and corporate integrity

• Working positively within the community Working positively within the community and the environmentand the environment

• Lessen downtime due to non-compliance Lessen downtime due to non-compliance issuesissues

• Providing a positive roll model to personnelProviding a positive roll model to personnel

• Keep fines and liabilities out of accounts Keep fines and liabilities out of accounts payablepayable

Keeping the Wolves at BayKeeping the Wolves at Bay

• Environmental and security policies as an Environmental and security policies as an investment investment

• Insure all levels of personnel remain Insure all levels of personnel remain trained in company policy and plan trained in company policy and plan implementationimplementation

• Maintain company infrastructure Maintain company infrastructure • Exercise plan aspects, maintaining Exercise plan aspects, maintaining

dynamic documentsdynamic documents• Keep updated records of exercises, Keep updated records of exercises,

training and real responsestraining and real responses

SummarySummary

• Plan developmentPlan development• EducationEducation• Personnel Involvement – the right Personnel Involvement – the right

people for the right jobpeople for the right job• Continuous plan review and exerciseContinuous plan review and exercise• Maintain plan integrity by review and Maintain plan integrity by review and

updating as needed.updating as needed.• Maintain good recordsMaintain good records

Questions?Questions?

Thank You for Your Attention!Thank You for Your Attention!

Helpful Web SitesHelpful Web Sites

• https://homeport.uscg.mil/mycg/portal/ep/https://homeport.uscg.mil/mycg/portal/ep/home.dohome.do

• http://www.dhs.gov/index.shtmhttp://www.dhs.gov/index.shtm• http://www.e-vrp.com/vrp.asphttp://www.e-vrp.com/vrp.asp• http://www.dol.gov/http://www.dol.gov/• http://www.osha.gov/index.htmlhttp://www.osha.gov/index.html• http://www.nfpa.org/aboutthecodes/Abouthttp://www.nfpa.org/aboutthecodes/About

TheCodes.asp?DocNum=1405TheCodes.asp?DocNum=1405• http://www.tsa.dhs.gov/what_we_do/http://www.tsa.dhs.gov/what_we_do/

layers/hazmat/index.shtmlayers/hazmat/index.shtm