46 CFR Subchapter M · 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

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


Reporting Unsafe Conditions



Safe Use of Equipment

Hazardous Communications


Confined Space Entry


Respiratory Protection


Lockout Tagout Procedures





Safe Use of Equipment Reporting Unsafe Conditions

PPE


Respiratory Protection

That’s a Lot!

But Wait – There’s More




Safe Use of Equipment Reporting Unsafe Conditions

PPE


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.


Abandon the Vessel Properly


Recover People

from the Water


Respond to Onboard Fires


Respond to Flooding


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 keeps you on

the right side of the law

• Competence puts

the fire out and

keeps you alive


Compliance gets you the COI

• Competence helps you

come home safe


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




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








Can be taught at

• Baltimore

• Seattle

• Your Location


Can be taught by

• Our Instructors

• Your Staff


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


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)

[email protected]

www.mitags-pmi.org

Documents

46 CFR Subchapter M · 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