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46 CFR Subchapter M
Critical Decisions
46 CFR Subchapter M
Decision #1
USCG Inspections
v.
Third Party TSMS
46 CFR Subchapter M
Myth:
If you have an SMS, you must go
the Third Party TSMS Option.
46 CFR Subchapter M
Myth:
The Coast Guard wants you to go
with the Third Party TSMS
option.
46 CFR Subchapter M
Final Rule Preamble
“The Coast Guard disagrees that the TSMS should be
mandatory. Although we recognize that the TSMS is
scalable and can be developed in a cost-conducive
manner, some towing companies may lack the
resources or expertise to develop and implement a
TSMS. The Coast Guard inspection option is
intended to provide greater regulatory flexibility to
such companies, or any that may not want to use a
TSMS for other reasons.” “
46 CFR Subchapter M
Myth: The Coast Guard doesn’t have
enough people to do the
inspections. So your boats won’t
get inspected, impacting your
business.
46 CFR Subchapter M
D8 Commander
COTP
46 CFR Subchapter M
Myth:
It’s better to deal with the auditor
I know, than inconsistent Coast
Guard inspectors.
46 CFR Subchapter M
Myth:
I won’t have to deal with the
Coast Guard if I do the Third
Party TSMS option.
46 CFR Subchapter M
Myth: My captains and crews don’t
really have to follow the TSMS
policies and procedures… They
can just say, “I don’t know, but
I know where to look it up.”
46 CFR Subchapter M
138.205 (b) A TSMS establishes and maintains:
(4) Arrangements for a periodic evaluation by
an independent third-party organization
(TPO) to determine how well an owner or
managing operator and their towing vessels
are complying with their stated policies and
procedures, and to verify that those policies
and procedures comply with the requirements
of this subchapter; and
46 CFR Subchapter M
Myth:
If you don’t go the Third Party
TSMS Option others will know
it was because you were afraid
of “real audits.”
46 CFR Subchapter M
Myth: We’re not worried about it,
because we’ve been getting
audited like this for years.
46 CFR Subchapter M
Maybe not…
Remember
Alejandro Gonzalez
18 U.S. Code 1001
46 CFR Subchapter M
Decision #2 Go with your existing (T)SMS
v.
Revisit what is included in the (T)SMS
46 CFR Subchapter M
If you decide to go with the Third Party
TSMS option, and bet your COIs that
your crews will be able to pass all
audits:
Conduct a Risk Assessment
Minimize Your Risk
46 CFR Subchapter M
Myth:
I have an SMS already, so that
must serve as my TSMS.
46 CFR Subchapter M
§138.205 Purpose of a TSMS.
(a) The purpose of a TSMS is to establish
policies, procedures, and required
documentation to ensure the owner or
managing operator meets its
established goals while ensuring
continuous compliance with all
regulatory requirements.
46 CFR Subchapter M
Standard towing industry SMS with RCP
items, and TMSA Stage 1 items,
contains:
256 articles Subchapter M TSMS requires:
121 of those articles
46 CFR Subchapter M
Risk Reduction:
If you can minimize your risk by
52% why wouldn’t you?
46 CFR Subchapter M
Decision #3 Use the TPO with the best sales pitch
v.
Do careful research on all TPOs
46 CFR Subchapter M
Myth:
TPOs are the same, it’s just a
matter of cost and familiarity.
Subchapter M - TSMS
Be not afraid,
it is manageable.
Thank you. www.martimecomplianceinternational.com
Subchapter M
The Road to Compliance
Capt. Jon Kjaerulff
Manager, Safety and Emergency Response Training
MITAGS-PMI
Subchapter M
The Road to Compliance
• Health and Safety
• Emergency Response
Your Mission:
Be in Compliance by July 20, 2018
What’s it look like?
How do you get there?
Where is this Compliance place?
Compliance is Your Destination
You Must be in Compliance by July 20, 2018
The Coast Guard doesn’t care how you get there…
Just get there.
Some people are already there
Some people are close
Some people have a ways to go…
Are we
there
yet?
Your Boss’s Perspective?
Your Perspective?
It’s going to take more than Duct Tape
How do you get to Compliance?
It’s a long and winding road…..
You need to make a few stops on the way
You need a Health and Safety Plan
Then, you must Ensure that all persons on
board a towing vessel Comply with the health
and safety plan
Stops on the road to Compliance
Health and Safety Training
Within 5 Days of
employment…..
PPE
Stops on the road to Compliance
Reporting Unsafe Conditions
Stops on the road to Compliance
Stops on the road to Compliance
Safe Use of Equipment
Hazardous Communications
Stops on the road to Compliance
Confined Space Entry
Stops on the road to Compliance
Respiratory Protection
Stops on the road to Compliance
Lockout Tagout Procedures
Stops on the road to Compliance
Lockout Tagout Procedures
Confined Space Entry
Hazardous Communications
Safe Use of Equipment Reporting Unsafe Conditions
PPE
Health and Safety Training
Respiratory Protection
That’s a Lot!
But Wait – There’s More
Lockout Tagout Procedures
Confined Space Entry
Hazardous Communications
Safe Use of Equipment Reporting Unsafe Conditions
PPE
Health and Safety Training
46 CFR§140.420 Emergency drills and instruction.
(a) Master’s responsibilities.
The master of a towing
vessel must ensure that
drills are conducted and
instructions are given to
ensure that all
crewmembers are capable of
performing the duties
expected of them during
emergencies.
Stops on the road to Compliance
Abandon the Vessel Properly
Stops on the road to Compliance
Recover People
from the Water
Stops on the road to Compliance
Respond to Onboard Fires
Stops on the road to Compliance
Respond to Flooding
Stops on the road to Compliance
Respond to other
threats to life
property, or the
environment
Your Mission:
Be in Compliance by July 20, 2018
You must Ensure all
crewmembers comply with
the Health and Safety Plan
You must Ensure all
crewmembers are capable of
performing the duties
expected of them during
emergencies.
Before you can get to Compliance…
You have to get to Competence…
COMPETENCE
Compliance vs. Competence
Why is Competence so important?
Compliance vs. Competence
Compliance keeps you on
the right side of the law
• Competence puts
the fire out and
keeps you alive
Compliance vs. Competence
Compliance gets you the COI
• Competence helps you
come home safe
Compliance vs. Competence
Compliance makes sure the
proper equipment is onboard
and functional
• Competence makes
sure people know how
to use it
Competence requires substance…
Competence requires substance…
This is NOT how you ensure competency!
The Road to Competence requires
knowledgeable human instructors who can teach procedures
and Conduct Assessments!
This is what Competency Looks Like
This is what Competency Looks Like
This is what Competency Looks Like
This is what Competency Looks Like
How do you get to Competence?
COMPETENCE
Training,
Demonstrations, and
Assessments
(and maybe more
training….)
M-SAFE
Towing Vessel Safety Training
Page 79
2-Day Training Program
• Compliance with Subchapter M requirements
• Health and Safety
• Emergency Response
Demonstrations of Competence via:
• Practical exercises
• Hands-on activities
M-SAFE Towing Vessel Safety Training
Demonstrations of Competence via:
• Practical exercises
• Hands-on activities
M-SAFE Towing Vessel Safety Training
Demonstrations of Competence via:
• Practical exercises
• Hands-on activities
Can be taught at
• Baltimore
• Seattle
• Your Location
M-SAFE Towing Vessel Safety Training
Can be taught by
• Our Instructors
• Your Staff
M-SAFE Towing Vessel Safety Training
Creating an Industry Standard and Best Practice
• Pre-hire training – (as with Basic Training for STCW)
• Initial training to set a company baseline
• Annual refresher training
• Coast Guard approval pending
M-SAFE Towing Vessel Safety Training
Our goal…
We want you to Come Home Safe
Compliance is Important
COMPETENCE
True Compliance requires Competence
With all thy getting,
get understanding. Proverbs 4:3
Thank You for Your Time.
We can help….
Capt. Jon Kjaerulff
Manager of Safety and Emergency Training Programs
MITAGS-PMI
206 801-1245 (Office)
206 255-8398 (Cell)
jkjaerulff@mates.org
www.mitags-pmi.org
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