On 3 November 2016, the Department for Transport and the Maritime and Coastguard Agency released an updated version of the Port Marine Safety Code. It provides additional advice for non-statutory harbour authorities and the introduction of 10 principles designed to assist organisations in focusing on the issues they should be considering to ensure compliance.
The Port Marine Safety Code ('PMSC') sets out a national standard for every aspect of port marine safety. Its aim is to enhance safety for everyone who uses or works in the port marine environment. It applies to all statutory harbour authorities. In addition, the Government is now placing a greater emphasis on proportionate compliance with the Code by other marine facilities, berths and terminals in the UK. The PMSC now strongly advises such organisations adopt a formal risk assessment process and the implement a marine safety management system ("MSMS") which complies with the Code or any alternative similar standard applicable to their sector.
The PMSC is not mandatory and does not create any new legal duties. However, although failure to comply is not an offence in itself. The Code represents good practice as recognised by a wide range of industry stakeholders and a failure to adhere to good practice may be indicative of a harbour authority being in breach of certain legal duties.
In order to comply with the PMSC, the Code states that, statutory harbour authorities must consider the following 10 measures. Other organisations are advised to identify which of the items may be applicable to their port marine activities. It is recommended that, at the very minimum, items 4, 5 and 6 below should be considered by all organisations.
It is strongly recommended that the duty holder (usually those members of the organisation, both individually and collectively, who are ultimately accountable for marine safety) and all officers involved in marine safety, should familiarise themselves with the updated PMSC and review any implications for their marine operations.
They should also consider the associated Guide to Good Practice on Port Marine Operations as well as reviewing the recommendations and the common lessons learned from major accidents and incidents which can be found on the Marine Accident Investigation Branch website.
Further detail on all of the above is provided in the update PMSC which, along with the Guide to Good Practice on Port Marine Operations, can be accessed here.
Our experience marine team advise on all aspects of port regulation and maritime safety. If you have any questions or require assistance, please contact our marine regulation specialist Lara Moore.
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