NPFVOA’S NEW OSHA HANDBOOK AVALIABLE USCG DRUG AND ALCOHOL TESTING REQUIREMENTS $2.1 MILLION PENALTIES IN POLLUTION CASE

Issue No. 72 Winter 2010

NPFVOA Vessel Safety Program 1 Winter 2010, Issue 72

2010 USCG AUTHORIZATION ACT SIGNED 18-MONTH SENTENCE FOR HOAX DISTRESS CALL

USCG SPOTLIGHTS CRAB FISHING SAFETY

Contributed by Arxcis, Inc.

This issue of the NPFVOA Vessel Safety Program Newsle�er

was made possible by contribu�ons from the

F/T ARICA, F/T CAPE HORN, F/T REBECCA IRENE, AND F/T UNIMAK

NPFVOA Vessel Members since 1990

HAND SIGNALS

It is frustrating during crane operations when it be-comes apparent that someone involved is unfamiliar with standard hand signals. Here are a few things to keep in mind: -A standard hand signal chart is required to be posted where crane operations are being conducted. -Hand signals are normally used to “zero-in” the oper-ator when the load is near the landing spot. Usually the operator can get the load pretty close without the assistance of a signal giver and should be allowed to do so. -Only one rigger should be designated as the signal giver. -The signal person should station himself so that the operator can keep his focus on the load at all times. -The operator shall obey an emergency stop signal given by anyone on the site. -If the operator is unsure of a hand signal he should not proceed. -It may be necessary to use a second signal person to relay signals when the operator will lose sight of the load. -Keep signal giving simple. For example: The signal for telescoping out is made by pointing both thumbs away from each other. This same signal can also be used to communicate to the operator to move the load out. There are three ways for telescopic knuckle cranes to do this: telescope the boom; boom down; or

knuckle out. The operator should be allowed the op-tion of determining the best method for doing this.

The following article will be available in the Winter Issue of the USCG’s Proceedings Magazine. The issue, which is dedicated to fishing vessel safety, will be published in January 2011.

THE NORTH PACIFIC FISHING VESSEL OWNERS’ ASSOCIATION (NPFVOA) VESSEL SAFETY PROGRAM

by Leslie J. Hughes, Director of Government

and Industry Affairs for the North Pacific Fish-

ing Vessel Owners’ Association (NPFVOA)

Vessel Safety Program

The North Pacific Fishing Vessel Owners’ Association (NPFVOA) Vessel Safety Program, a non-profit organization totally dedicated to safety education and training, was developed in cooperation with the U.S. Coast Guard in 1985. Twenty-five years later, NPFVOA’s Program is internationally recognized. NPFVOA, regarded as the model safety training program for the commercial fishing industry in the U.S., offers hands-on safety training and addresses Coast Guard regulations, as well as a multitude of other safety concerns for the fishing industry and other maritime operators. NPFVOA continues to evolve and serve the dynamic needs of the men and women engaged in what is considered to be the most dangerous occupation in the country.

Background

The success of the program is a tribute to the commercial fishermen who developed the program and continue to use it. The story of how this grassroots effort has evolved over a 25-year period is one of great success arising from an industry and government partnership. NPFVOA is a clear example of an industry sector initiating a common-sense approach to solving its safety problems. By the mid-1980’s the commercial fishing industry was widely recognized for its high casualty rate. Faced with the pro-spect of controls designed and enforced by government, which might “not fit” or be weakened or stalled by the government regulatory process, as well as concerns about the cost and availability of insurance, the NPFVOA developed a voluntary safety training program, the Vessel Safety Program.

Important to the development of the safety program was the incorporation of “lessons learned” from veteran North Pacific fishermen and collaboration with government. Recognizing the importance of vessel safety standards and crew safety awareness and training, but lacking the authority to regulate the commercial fishing industry, the Coast Guard was also beginning to develop a unique voluntary safety program in 1984. When the Coast Guard learned that the NPFVOA had already embarked upon a safety program for its fishermen, it joined efforts in 1985. Continued on page 2

NPFVOA Vessel Safety Program 2 Winter 2010, Issue 72

Continued from page 1

This union produced a set of comprehensive “voluntary” standards aimed at vessel safety and personnel/operational safety awareness and education. Neither organization wanted to wait any longer to establish acceptable safety practices to improve the poor safety record and impact the availability of insurance. Both NPFVOA and the Coast Guard shared the philosophy that legislating safety in the fishing industry took the responsibility away from the fishermen. Both organizations believed it takes commitment from the captain and crew to keep things operating in a safe condition. Both also de-sired a program that would appeal to the sensibilities of fishermen, who were waking up to the senselessness of many of the tragic losses.

The Vessel Safety Program

The NPFVOA Vessel Safety Program is unique because it is entirely self-supporting through member dues, course tuition and sales of educational materials. It is governed by a Board of Directors, and an Executive Director and staff plan and manage day-to-day operations. Vital to NPFVOA’s suc-cess is its membership base which spans the full range of industry – from the single-operator fishing boats to the largest processing ships with crews of 150 or more – as well as support businesses and individuals. Training cours-es and educational materials are available to members and non-members alike; however, members enjoy reduced rates. A diverse membership base

provides a means for direct communication with industry. This facilitates early identification of safety issues and concerns, as well as a means for broad and rapid dissemination of safety information.

NPFVOA’s central location has made it easily accessible to many who seek safety information and training. The Seattle-based fleet accounts for approxi-mately eighty percent of Alaska’s seafood landings, which equates to about half of the nation’s harvest. Situated in Fishermen’s Terminal in Seattle, NPFVOA is surrounded by more than 700 commercial fishing vessels moored in this working port.

The Three Primary Components of the NPFVOA Vessel Safety Program

Vessel Safety Manual The Vessel Safety Manual, originally prepared in conjunction with the U.S. Coast Guard, was first published in 1986. It has been updated by NPFVOA five times since then, with significant revisions following the Fishing Vessel Safety Act of 1988, subsequent regulations and Coast Guard interpretations; the most recent edition was published in 2004.

The Manual, regarded as the operational standard for the commercial fishing industry, provides useful and practical measures which address a wide range of problems facing the mariner under normal and emergency situations.

The Vessel Safety Manual is based in large part on the experience of those who have fished in the Bering Sea and North Pacific Ocean. It is not a set of legal documents, nor is it intended to be a rigid set of standards. Each vessel owner and captain should adopt his own safety practices based upon the specific characteristics of his/her vessel and gear type, the season and area of operation, as well as the experience of the crew. The Manual is designed to be used as a reference guide to help captains and crews establish the safety practices to be used aboard their vessel.

Videotape/DVD Safety and Survival at Sea Series The Safety and Survival at Sea videotapes/DVDs are designed to complement hands-on training clas-ses for: Medical Emergencies at Sea; Safety Equipment and Survival Proce-

dures; Fire Prevention and Control; and Fishing Vessel Stability. All but

Stability are available in Spanish.

Crew Safety Training Attendance in NPFVOA’s numerous U.S. Coast Guard-approved safety training classes has exceeded 37,500. All courses are designed to be portable. Since 1985, NPFVOA has provided training from St. Paul, AK to Hawaii on the West Coast, as well as New Bedford, MA and the Coast Guard Reserve Training Center in Yorktown, VA. Using hands-on practice to dramatize and enliven the information presented in the manual and videos, the Crew Safety Training Program offers both shipboard and classroom exercises. The primary philosophy of the NPFVOA Vessel Safety Program is “Be prepared. Commercial fishing is inherently dangerous.” Continued on next column

Continued from previous column

There are no ways to remove all the hazards of the sea, nor can human error be entirely eliminated; however, the dangers can be magnified or

minimized by the actions of a vessel’s skipper and/or crew.

No one is ever 100 percent ready, but it is the captain’s responsibility to ensure that the vessel and crew are as prepared as possible for the ever-present possibility of an accident or emergency.

The NPFVOA Vessel Safety Program’s safety courses all emphasize hands-on training with instructors who are experts in their respective fields. The program initially offered five safety courses that addressed basic causes of casualties:

• Safety Equipment and Survival Procedures • Medical Emergencies at Sea • Fire Prevention and Control • Vessel Stability • Navigation: Collision Avoidance

Twenty-five years later, NPFVOA currently offers an array of Coast Guard-approved and other courses:

• STCW Basic Safety Training: 12-hour Personal Survival Techniques; 4-hour Personal Safety and Social Responsibilities; 16-hour Firefighting; and 8-hour First Aid/CPR • 24-hour STCW Basic Safety Training Refresher Course • 32-hour STCW Medical Care Provider • 40-hour STCW Medical Person in Charge • 8-hour Emergency Drill Instructor Workshop • 8-hour Drill Instructor for Small Boat Operators • 8-hour Onboard Drill Safety Orientation • 16-hour Proficiency in Survival Craft – Limited • HAZWOPER – 24-hour and 8-hour Refresher • 8-hour Shipboard Damage Control • 4½-hour Shipboard Watertight Door and Hatch Maintenance • 8-hour OSHA Compliance Workshop

The classes also emphasize the value of crews having hands-on practice managing emergencies in order to foster confidence to know how to re-spond as a “team.” Feedback from individuals who have attended the courses over 25 years attests to the value of the training program. The instruction often provides the first in-the-water experiences wearing im-mersion suits and deploying/boarding/righting life rafts for many fisher-men. Many owners and captains have so highly valued this training that they require refresher training for their returning crew, or require it for new hires before taking their first trip on a fishing vessel.

As a result of conducting training over the past 25 years, NPFVOA has witnessed major cultural changes in safety practices. Crews have upgraded their lifesaving equipment, and relocated lifesaving equipment to make it more accessible, improved access and egress capabilities, and reevaluated where their immersion suits are stowed to ensure they are “readily accessi-ble,” as required by the Coast Guard, in the event of a fire or sinking.

Future Direction of the NPFVOA Vessel Safety Program

The fact that attendance in NPFVOA’s training courses exceeds 37,500 and roughly 60% is voluntary, as opposed to simply satisfying Coast Guard requirements, speaks well for the proactive attitude of commercial fishermen in the Pacific Northwest. For the future, NPFVOA plans to build on the successes of the last 25 years and continue to expand course offerings and educational tools so the industry can continue to improve safety practices. The words of a veteran fisherman capture what NPFVOA strives to accomplish:

‘We fishermen used to have a more fatalistic attitude toward our profes-

sion. NPFVOA helped us focus our attention on the many things which

could be changed on a fishing boat – from small physical items like the

placards that point out safety concerns to the larger changes in attitudes

and training that are a result of taking courses through NPFVOA. We

learned how to think SAFETY FIRST. NPFVOA has made a difference:

lives are being saved!” Bob Desautel

NPFVOA Vessel Safety Program 3 Winter 2010, Issue 72

Continued from previous column

the law. Implementing regulations must be developed. It should be noted that “overall in length” means the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern excluding fittings and attachments. This is different from the “registered length.”

Load Lines The Authorization Act amends making assignment of a load line a re-quirement on fishing vessels 79 feet or greater in length and built after July 1, 2012. Further, it is now required that fishing vessels built on or before July 1, 2012 that undergo a substantial change to the dimensions of or type of vessel completed after July 1, 2012, or a later date set by the Coast Guard, comply with an alternate load line compliance program de-veloped in cooperation with the industry. Regulations must be developed to implement this program. It is anticipated that the Commercial Fishing Safety Advisory Committee will be engaged to provide recommendations on alternate compliance programs here, and those related to vessel class-ing below.

Classing of Vessels The Authorization Act makes classing applicable to fishing and fish ten-der vessels in addition to fish processing vessels. It now requires: (1) development of an alternate safety compliance program by January 1, 2020 for vessels over 50 feet in length, built before July 1, 2012, and 25 years of age or older; (2) an alternate safety compliance program for vessels built before July 1, 2012 that undergo a substantial change to the dimension of or type of vessel completed after the later of July 1, 2012, or a date to be determined by the Coast Guard; and (3) owner(s) of 30 or more vessels subject to (1) who enter into a compli-ance agreement with the Coast Guard can delay meeting the requirement of (1) until January 1, 2030. The alternative safety compliance programs are to be developed in coop-eration with the industry, and may be developed for specific regions and fisheries. Further, vessels classed before July 1, 2012 are required to re-main in classification and have a current certificate onboard. The Coast Guard will prescribe the alternate safety compliance program for older vessels by January 1, 2017.

Other Provisions The USCG is required to establish a Fishing Safety Training Grants Pro-gram and a Fishing Safety Research Grant Program. The grants will be awarded on a competitive basis. The Federal share of the activities costs cannot exceed 75 percent. The current “Commercial Fishing Industry Vessel Safety Advisory Committee” is to be renamed the “Commercial Fishing Safety Advisory Committee” and is reauthorized until September 30, 2020. The amendment also expands the committee to 18 members representing various groups and with particular expertise, knowledge, and experience regarding the commercial fishing industry.

USCG AUTHORIZATION ACT OF 2010 (PUBLIC LAW 111-281)

The Coast Guard Authorization Act of 2010, signed into law on October 15, 2010, makes numerous significant changes to “Uninspected Commer-cial Fishing Industry Vessels” and “Load Lines.” These new requirements build on the requirements set forth in the Commercial Fishing Industry Vessel Safety Act of 1988. When implemented through new or amended regulations, the commercial fishing industry should experience enhanced worker and vessel safety.

Parity for All Vessels Uniform safety standards are established for all vessels, particularly those vessels operating beyond three nautical miles of the baseline of the territo-rial sea and coastline of the Great Lakes. There will no longer be different standards for federally-documented and state-registered vessels operating in the same waters.

Replacing Boundary Line with Three Nautical Miles (NM) The “Boundary Line,” used as the demarcation line for operating area and equipment standards, was often confusing and not uniform around the U.S. coastlines. It has now been replaced with “3 NM from the baseline from which the territorial sea of the United States is measured or 3 NM from the coastlines of the Great Lakes.”

Survival Craft All fishing industry vessels operating beyond 3 NM are required to carry survival craft that will meet a new performance standard for primary life-saving equipment. The section was amended by deleting the words “lifeboats or liferafts” and replacing them with “a survival craft that en-sures that no part of an individual is immersed in water.” This means that lifefloats and buoyant apparatus will no longer be accepted as survival craft on any commercial fishing vessel operating beyond 3 NM. There could be a phase-in period for this requirement to become effective.

Records A new provision requires the individual in charge of a vessel operating beyond 3 NM to maintain a “safety logbook”– a record of equipment maintenance and required instruction and drills. It will be incumbent upon the master/individual in charge of the vessel to maintain these records onboard.

Examinations and Certificates of Compliance A dockside safety examination at least once every 2 years is now mandato-ry for vessels operating beyond 3 NM. A “certificate of compliance” will be issued to a vessel successfully completing the exam. Voluntary exams will continue to be promoted for vessels operating inside 3 NM. Related to the requirements for an examination and certificate of compli-ance is the authority to terminate a vessel’s voyage for unsafe operations. Individuals authorized to enforce this may remove a certificate from a vessel operating in a condition that does not comply with the provisions of the certificate. And, if the vessel does not have the required certificate onboard, or if the vessel is being operated in an unsafe condition, it may be ordered to return to a mooring and remain there until the certificate is is-sued/reissued or the hazardous condition is corrected.

Training for Operators A new provision applicable to vessels operating beyond 3 NM requires indi-viduals in charge of the vessel to pass a training program covering certain competencies. The training must include seamanship, navigation, stability, firefighting, damage control, safety and survival, emergency drills, and more. Credit may be considered for recent experience on fishing vessels. A certifi-cate will be issued upon successful completion of the training, and refresher training is required every 5 years. A publicly accessible database listing indi-viduals that have completed the training is required to be established.

Construction Standards for Smaller Vessels Vessels built after January 1, 2010 and less than 50 feet overall in length must be constructed in a manner that provides a level of safety equivalent to the standards for recreational vessels established before. This provision allows the USCG to develop standards using the authority established in Continued on next column

USCG TERMINATES FISHING TRIP USCG, 10/21/2010

Boston – A USCG crew terminated the voyage of a 48-foot tuna fishing boat approximately 150 miles east of Cape Cod, Mass., Oct. 20, 2010. The crew of the Coast Guard Cutter Legare boarded the fishing boat Hot Tuna and discovered the boat did not have a life ring, its flares expired prior to 2007, the life raft expired in 2009, the hydrostatic release on the Emergency Position Indicating Radio Beacon (EPIRB) expired in 2005, and the battery of the EPIRB failed when tested. The Hot Tuna was directed to return to homeport and restricted from get-ting underway until the discrepancies were corrected. “With temperatures dropping, it’s more important than ever that mariners ensure they have the proper, required gear on board their vessel and make sure it’s in good, working order,” said Petty Officer 1st Class James Bayer, the search and rescue controller in Boston. “We board vessels to ensure they meet the requirements in hopes that this gear would save their life if they were in the position to need it.”

NPFVOA Vessel Safety Program 4 Winter 2010, Issue 72

Continued from previous column

hours of the incident and be conducted with a device listed on the National Highway Transportation Safety Administration's approved product list.

After all elements of the program are established, USCG regulations re-quire companies to test in a variety of situations. First, prior to a crew-member performing a safety-sensitive function, they have to pass a preemployment test and complete all of the preemployment requirements.

Regulations require more than just preemployment testing. Employers must ask the crewmember if they have ever tested positive on a DOT preemployment test within the last two years. Then the company must send inquiries to all of the past DOT employers that crewmember worked for during the last two years. This inquiry must determine if they ever tested positive, refused to test or violated the USCG drug testing prohibi-tions. This must be done with written authorization from the crewmember.

A frequent violation of preemployment testing that I find common in the commercial fishing industry is when a deckhand leaves the vessel unex-pectedly and another person working on the vessel takes their place. The new deckhand is usually someone from the processing area. This new deckhand must meet all of the preemployment requirements too, including having a negative drug test result prior to working in a safety-sensitive position. The company is also required to immediately respond to requests from other companies asking for drug and alcohol information from their previous employees.

Companies also have to conduct random testing. To comply, the program must have a scientifically valid method of random selection, such as a computer program capable of random generation of employees for testing. Each marine employer shall ensure that random drug tests are unan-nounced and that the dates for administering random tests are spread rea-sonably throughout the calendar year or operating season. The goal of random testing is to have the crewmembers believe that they can be select-ed at any time to provide a specimen for drug testing. If the random test-ing only occurs when the vessel is off-loading or back-loading this violates this goal.

Another frequent violation of the regulations occurs when a company com-bines vessel personnel who are not required to be tested with crewmem-bers who are required. DOT specifically prohibits employers from falsely representing that a test is required by its regulations when it is not. Includ-ing non-DOT personnel in a DOT regulated pool is clearly against regula-tions.

When the company experiences a Serious Marine Incident, then it is re-quired to conduct both alcohol and drug testing within specific time peri-ods. Alcohol testing must occur within two hours and specimen collection within 32 hours. The company should test any crewmember that cannot be ruled out as being a causative factor in that incident. It is important that vessels have at least two individuals trained in specimen collections as if the collector is involved in the incident another individual would have to do that collection. An individual cannot collect their own specimen. When the company believes that a crewmember is under the influence of illegal drugs, they are required to conduct reasonable cause testing. The decision must be made by a supervisor or vessel officer who has received a minimum of one hour of training on the manifestations and indicators of drug use.

If a crewmember ever tests positive, refuses to test, or violates the regula-tions, the company is required to notify the USCG in writing of the viola-tion. The USCG will initiate administrative actions against the crewmem-ber’s document, if one is possessed. The crewmember will have to com-plete a comprehensive program that includes SAP evaluation, treatment or counseling and other elements prior to returning to duty. This process includes submitting to return to work and follow-up testing as detailed by the SAP. Recent changes in the regulations require that all of these tests are conducted under direct observation procedures where the collector examines the donor’s groin area for devices that conceal clean urine and then observes the donor as they provide the specimen. The final hurdle the Continued on next column

COMPLIANCE WITH USCG DRUG AND ALCOHOL TESTING REGULATIONS By Ken George and Associates, November 2010

This is an overview that summarizes U.S. Coast Guard requirements for the drug and alcohol testing regulations in Title 46 Code of Federal Regu-lations (CFR) Parts 4 and 16. All vessels, regardless of size, are required to comply with USCG Serious Marine Incident testing.

Vessels whose manning requirements require a licensed master, Certificate of Registry (COR), or Merchant Mariner’s Document (MMD) by at least one person on the vessel could subject all safety-sensitive crewmembers on board to the comprehensive drug and alcohol testing regulations de-scribed in 46 CFR part 16. This includes all commercial fishing vessels of 200 gross tons or more.

Complying with the regulations is complicated because not only does the company have to have a detailed understanding of the USCG regulations, but the company must know the regulations in 49 CFR Part 40.

Often, a company will hire a third party to help them administer their drug testing program. However, it is important to know that even when a third party administers (TPA) the program, the company is ultimately responsi-ble for all the actions of their officials, representatives, third parties, and agents in carrying out the requirements. It is important that any TPA asso-ciated with your program have a strong reputation of excellence.

Complying with the regulations starts out by having a detailed drug and alcohol policy. The policy should be detailed and describe the prohibi-tions, consequences of violations, types of drug testing, and especially what testing will be done under DOT authority and what testing will be done under company authority.

The DOT and USCG regulations can be restrictive when testing. When using the Federal Custody and Control form for a drug test, the crewmem-ber should be able to read the Code of Federal Regulations and find in writing why the government is requiring the company to test them. If it is not described in the Federal Code of Regulations, then the company should be doing non-DOT testing based on company authority.

The second step in compliance is to arrange for service agents who meet the DOT regulations to provide services for the drug testing. The company will need specimen collectors. The company must ensure that all collec-tors involved in their program are trained according to the DOT regula-tions. Two collection sites are typical. The company will typically use a local facility for preemployment tests. This is usually a laboratory collec-tion site or an occupational medical facility. Since the company’s vessels operate at sea, it will also need to have its own trained collectors on board its vessels to conduct Serious Marine Inci-dent testing. I recommend random testing as well.

All specimens will then be shipped to a Department of Health and Human Services approved laboratory who will analyze the specimen for drugs, adulterants, and other elements to assure its integrity. The laboratory re-ports all results to a qualified Medical Review Officer. The Medical Re-view Officer is the gate keeper for the company’s drug testing program. If the laboratory reports anything but a negative drug test, such as a positive, adulterated, substituted, or invalid result, the MRO will interview the do-nor to determine if there is a legitimate reason for what was found in the urine. The MRO will also give the donor the opportunity to have the split specimen retested at a different laboratory. Many companies do not know that if the donor has this done, the price of the drug testing could increase to $200. I always recommend the company details that the employee will be responsible for the cost of that testing in the company policy.

If a crewmember ever tests positive, they have to be able to have access to a qualified Substance Abuse Professional (SAP). The SAP will have the ability to evaluate the crewmember’s drug and/or alcohol problem and detail what treatment or counseling is needed to address their drug and/or alcohol use.

The company must also have the ability to conduct alcohol testing in the event of a Serious Marine Incident. Alcohol testing must occur within two Continued on next column

NPFVOA Vessel Safety Program 5 Winter 2010, Issue 72

OSHA WILL HOLD HEARING ON PROPOSED RULE TO PREVENT WORKER FATALITIES AND SERIOUS INJU-RIES FROM FALLS IN GENERAL INDUSTRY OSHA Quicktakes, 11/15/2010

OSHA will hold an informal public hearing in Washington, D.C., starting Jan. 18, 2011, on the proposed rule revising the Walking-Working Surfac-es and Personal Protective Equipment standards to improve worker protec-tion from slip, trip, and fall hazards.

The proposed rule will prevent annually an estimated 20 workplace fatali-ties and more than 3,700 injuries that are serious enough to result in lost work days. “This proposal addresses one of the leading causes of work-related injuries and deaths and we need to have the best rule possible to ensure that we effectively address this serious hazard,” said OSHA Assis-tant Secretary David Michaels.

Construction and maritime workers already receive safer, more effective fall protection devices such as self-retracting lanyards and ladder safety and rope descent systems, which these proposed revisions would also re-quire for general industry workers.

See the Federal Register notice for more information or to request to attend the hearing.

NEW OSHA HANDBOOK

Last year, NPFVOA sent out a re-quest for donations in order to con-tract with Amy Duz, of iWorkWise, to update NPFVOA’s OSHA Com-pliance Manual. The manual is now completed and a truly one-of-a-kind reference for your OSHA needs. It is the only OSHA reference manual available for fishing vessels. The manual, in stock at NPFVOA, can be purchased online at www.npfvoa.org or by calling Brie at 206-285-3383. Price: member $260 / nonmember $300.

$2.1 MILLION PENALTIES IN POLLUTION CASE Marine Log,11/6/2010

A Louisiana ship-operating company was sentenced in U.S. District Court in New Orleans on charges related to the illegal discharge of oil into the oceans, the Justice Department announced November 4th. Offshore Vessels LLC (OSV) operated R/V Gould and pleaded guilty on July 22, 2010 to knowingly discharging waste oil from one of its vessels, in violation of the Act to Prevent Pollution from Ships (APPS). OSV ad-mitted that crew members knowingly discharged oily wastewater from the bilge tank of the R/V Gould overboard to the high seas, in violation of APPS. In doing so, they bypassed the ship’s oily-water separator, a pollu-tion-control device. Regulations promulgated under APPS require that oily wastewater be discharged only after it has been sent through an oily water separator. The case was investigated by the U.S. Coast Guard Criminal Investigative Service. OSV was sentenced to pay a criminal fine of $1,750,000 and remit a payment of $350,000 as community service to the National Marine Sanctuary Foundation; they will also serve a period of

probation for three years, during which they will be required to operate under an Environmental Compliance Plan.

18-MONTH SENTENCE FOR HOAX DISTRESS CALL USCG, 11/9/2010

WASHINGTON— Most people in America are familiar with 911 and know that a call to 911 is how to summon help in an emergency and that making a false 911 call is illegal. What most people might not realize is that a false distress call to the USCG is also a crime. In the marine world a distress call on marine VHF radio channel 16 is the same a placing a 911 call via cell or landline phone.

Recently a Detroit resident was convicted and sentenced in federal court for making a false distress call to the USCG, according to US Attorney Barbara McQuade and Capt. Torpey, Chief of Incident Management for the 9th USCG District. Andre D. Cheatom, 19 years old, was sentenced to 18 months incarceration, supervised release for three years, a special as-sessment of $100, and ordered to pay $14,302 in restitution for knowingly and willfully causing the USCG to attempt to save lives and property when no help was needed, in violation of Title 14, U.S. Code, section 88(c). “When members of the Coast Guard respond to a hoax call, they are di-verted from people in actual distress,” McQuade said. “We take a hard line on these cases because we want to deter people from making hoax calls.”

USCG SPOTLIGHTS CRAB FISHING SAFETY Chinook Observer, 11/12/10

USCG 13th District personnel began conducting vessel safety spot checks and voluntary dockside exams in Northwest ports just prior to the 12/1/10 opening of the OR and WA State Dungeness Crab fishery.

USCG examiners spot-checked primary lifesaving equipment and pot load-ing practices on vessels while in port. These spot checks of watertight integrity and loading, survival suits, Emergency Position Indicating Radio Beacons (EPIRBs) and liferafts are meant to ensure that critical safety items are ready for use should an at-sea emergency occur.

Similar at-the-dock checks in previous years found that between one-quarter and one-third of EPIRBs and liferafts were installed improper-ly. Most of these deficiencies are easily corrected on-the-spot. Fishermen are advised that extremely serious discrepancies, such as overloading, lack of watertight integrity, missing primary lifesaving equipment or non-functioning EPIRBs may result in a vessel being restricted from operating until the deficiencies are corrected. In addition to the checks USCG fish-ing vessel safety personnel are willing to conduct basic safety training, as well as voluntary dockside safety examinations for interested vessels. Only 40% of the WA based Dungeness crab fleet has a current dockside exam.

This outreach effort is part of Operation Safe Crab, the USCG’s continuing initiative to reduce the number of fishermen's lives lost at sea. Commer-cial Dungeness crabbing vessels operate in some of the winter's worst weather and hazardous waters, and have the highest fatality rate of any West Coast fishery.

Continued from previous column

crewmember must meet prior to returning to work, is obtaining a letter from the MRO stating “that the individual is drug-free and the risk of subsequent use of dangerous drugs by that person is sufficiently low to justify his or her return to work.”

Regulations also require the employer to have an employee assistance program that includes crewmember and supervisor training and educa-tion as well as the distribution of detailed educational material. Compa-nies must also keep detailed records showing compliance with the regu-lations. Record retention times for various records range from one, two and five years.

The USCG also requires companies to submit annual reports detailing their drug testing and its results. The report that must be submitted is the Management Information System or MIS report. This has to be submit-ted to USCG Headquarters in Washington, D.C.

What are the penalties for violating these regulations? The following enforcement actions may be taken for noncompliance with the Coast Guard chemical testing regulations: 1. Certificate of Inspection (COI) may be removed or not issued. 2. Civil Penalty for first time violators may be assessed of up to $5,500 per violation, per day. 3. Suspension and Revocation (S & R) proceedings may be initiated against an individual’s license, MMD, or COR. 4. Captain of the Port (COTP) order may be issued (prohibiting the oper-ation of the vessels involved until compliance is gained). 5. Letter of Warning. 6. CG-835 (deficiency ticket) may be issued.

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This newsletter is published quarterly by the North Pacific Fishing Vessel

Owners' Association (NPFVOA) Vessel Safety Program and is free to mem-

bers. To receive a subscription, please consider joining NPFVOA by com-

pleting the membership form on the back page and mailing it to NPFVOA

with the appropriate fee. Memberships are annual, and all contributions

are tax deductible. NPFVOA is a 501(c)(3) non-profit association.

NPFVOA Vessel Safety Program 6 Winter 2010, Issue 72

SAFETY BITES & MEMBER NEWS

NNEWEW MMEMBERSEMBERS NPFVOA is pleased to welcome the following new members:

Vessels: • Blue Ballard • Five Brothers Associates: • Parker, Smith & Feek • Servco Insurance Services Individuals: • Lizet Christiansen • Eric Dunckel • Christine Dwyer • Wallace Fields • Marc Oppelt

NEW BENEFICIAL ALCOHOL TESTING DEVICE By Ken George and Associates

Intoximeters, a company that specializes in alcohol testing equipment, recently introduced the Alco-Sensor FST, the newest generation of the Alco-Sensor line of portable hand-held instruments. I recommend this unit to my clients as a great tool for larger commercial fishing vessels because you can use it in several modes.

First, it serves as a regular breath alcohol testing device. The crewmember simply blows into an individual breath tube and you get an accurate Breath Alcohol Concentration. Next, you can install the passive testing cup on top of the unit. This allows the operator to use it in the passive testing mode by having the crewmember simply blow into a passive cup on top of the unit without putting anything in their mouth. The result will be either positive for alcohol or negative. This gives the vessel the ability to test multiple crewmembers one after another, such as crewmembers returning from town.

The unit also has the display facing the back of the unit, enabling right-handed and left-handed operators to use the FST with equal comfort. The back-facing display permits the operator to readily view the display mes-sages while conducting a test and allows them to still maintain control of the subject. Additionally, Intoximeters has an online training session that the operators can take at their leisure. Finally, this is the unit that many police departments use and the USCG uses equipment from the same man-ufacturer.

PRICE INCREASE FOR NPFVOA’S STCW BASIC SAFETY TRAINING COURSE Karen Conrad, NPFVOA Executive Director

Effective January 1, 2011, NPFVOA will need to increase the prices of our Personal Survival Techniques and Basic Firefighting courses. This is due to an increase in our costs for the pool rental and the Fire Training Acade-my. The total cost of our Basic Safety Training course will continue to be the least expensive BST course in the Seattle area for NPFVOA members.

NPFVOA’S SHIPBOARD WATERTIGHT DOOR AND HATCH TRAINING

On November 8, 2010, NPFVOA held another Shipboard Watertight Door and Hatch Training at the Readiness Response training facility in Bremer-ton. Troy Rentz, a 13th District F/V Safety Coordinator, attended and gave the following feedback: “The course dove straight into common problems with watertight closures aboard fishing vessels. We learned how to maintain, repair, and even up-grade watertight closures to help them operate smoothly and extend their service life. Most importantly, the course emphasized how important these devices are to limit flooding and keep vessels afloat when the unexpected happens. It was time well spent. This class, along with Damage Control, should be a part of every company’s safety training!”

NPFVOA wishes you and your family

the happiest of holidays and a

wonderful new year!

NPFVOA INSTRUCTORS 2010 BOARD OF DIRECTORS2010 BOARD OF DIRECTORS

Tim Vincent—President

Vincent Mari�me Services

David Wilson—Vice President

Iquique US, LLC

James Thorpe—Treasurer

Bank of America

Kurt Gremmert

Spartan Ltd.

Devon Grennan

Global Diving & Salvage, Inc.

Steve Johnson

Alaska Na�onal Insurance Company

Kevin Kaldestad

Tom Suryan

Mariner Boats

NPFVOA V$ $+ S�#$%� P&/(&�, S%�##NPFVOA V$ $+ S�#$%� P&/(&�, S%�##

K3'$, C+,'3= – E\$/9>?D$ D?'$/>+'

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R$&$//3 H3,'3>>7 – P'+E'3% C++'=?,3>+'

B'?$ B3E3, – P'+E'3% A((?(>3,>

American Environmental Services

Koll Andersen, EMT Karen Arnold

Capt. Luke Carpenter, EMT

Amy Duz, iWorkWise, Inc.

Norris Edwards, EMTP

Ken George

Capt. Dave Green (USCG, Ret.)

GWU Maritime Medical Access

Mike Heryla, EMT

Kerry Lee, Arxcis, Inc.

Abe Mutawe

Capt. Jim Oakley Readiness Response Institute Capt. Robert Reeder

Capt. Paul Russell (USCG, Ret.)

Capt. Dave Shoemaker

Capt. William Simpson

WA State Fire Training Academy

24-Hr HAZWOPER Technician, 8-Hr HAZWOPER Refresher

Basic Medical Emergencies at Sea, Workplace First Aid/CPR

Drill Instructor Workshop, Small Vessel Drill Instructor Workshop, STCW PST/PSSR, Safety Equipment & Survival Procedures STCW Basic Fire Fighting, Emergency Drill Training

OSHA Compliance Review, OSHA Ship Repair Safety & Health

Basic & Advanced Medical Emergencies at Sea, Workplace First Aid/CPR

Specimen Collection Certification

Vessel Stability / Damage Control

Advanced Medical Emergencies at Sea (Medical Care Provider)

Safety Equipment & Survival Procedures, Emergency Drill Training, Person-al Survival Techniques, Personal Safety & Social Responsibilities, STCW Basic Fire Fighting, Medical Emergencies at Sea

Crane Operations & Maintenance, Safe Cargo Handling

Bloodborne Pathogens

Safety Equipment & Survival Procedures, Navigation: Collision Avoidance

Damage Control Training, Watertight Door & Hatch Training Navigation: Collision Avoidance Safety Equipment & Survival Procedures, Emergency Drill Training, Person-al Survival Techniques, Personal Safety & Social Responsibilities

Safety Equipment & Survival Procedures, Emergency Drill Training, Person-al Survival Techniques, Personal Safety & Social Responsibilities

STCW Basic Fire Fighting

Fire Prevention & Control, STCW Basic Fire Fighting

OTHER CUSTOMIZED TRAINING

Onboard Fire Team Training, Workplace First Aid/CPR, Passenger Vessel Safety Classes, Crew Endurance Management, 2-Hour in the Water Survival Training.

Call us for customized training!

NPFVOA Vessel Safety Program 7 Winter 2010, Issue 72

Chris Kline

Icicle Seafoods, Inc.

Lurilla Lee

Jim McManus

Trident Seafoods

Mark Weed

Golden Alaska Seafoods

Ken TippeO

Alaska Boat Company

Tom Swanson—Environmental

Advisor

Icicle Seafoods

Dave Green —Technical Advisor

Jensen Mari�me Consultants

Jim Woeppel—Legal Counsel

This issue sponsored by:

The dedicated and hard-working

crews of the

F/T ARICA

F/T CAPE HORN

F/T REBECCA IRENE

F/T UNIMAK

Let’s ALL be safe out there!

The NPFVOA Vessel Safety Program is a non-profit association dedicated to education and training in marine safety. Because safety is a concern for everyone in our industry, NPFVOA seeks membership from an expanded industry sector—commercial fishing, workboats, passenger and recreational vessels, and the businesses that support them.

NPFVOA Vessel Safety Program 8 Winter 2010, Issue 72

Company Name: Vessel Name:

Primary Contact Name & Title: Address:

City, State, Zip: Phone:

Fax: Email:

Web Site: Would you like to receive information & updates via email? Yes No

Would you like us to link to you from our web site? Yes No

Please describe the services your company provides:

Vessel/Gear Type(s) Target Fisheries

Vessel Information

Length (feet): Tonnage (GRT):

� Vessel (over 79 ft.) $600 Benefits apply to all current crew members and management company. � Vessel (60-79 ft.) $300 Benefits apply to all current crew members and management company. � Vessel (under 60 ft.) $125 Benefits apply to all current crew members and management company. � Associate $400 Benefits apply to business personnel only; vessel crew ineligible at this level. (Appropriate for marine support industry, i.e. law firms, ship yards, fuel suppliers, etc.)

� Individual $75 Benefits are limited to named individual and are non-transferable (Appropriate for crewmen and single-person business entities.)