Day 4 Flashcards
(14 cards)
Define ISPS code
International Ship Port Facility Security Code
SOLAS –> ISPS
COMMERCIAL 500gt
- Weapons/dangers
- Restricted areas
- Unauthorised Access
- Responding to threats
- Evacuation
- Duties
- Auditing
- Training and drills
- Interfacing with Port facilities
- Periodic reviews
- Reporting incidents
- Identifying SSO
- Identifying CSO
- PMS for equipment
- Location of SSAS
Aims:
1. Co-operation
2. Early and efficent, exchange
3. Methodology
4. Adequate and proportionate maritime security measures
Define Security levels
1 - Normal, Minimum appropriate protective security measures
2 - Heightened, Additional protective security measures shall be maintained for a period of time
3 - Exceptional, Further specific protective security measures shall be maintained for a limited period
Actions with a stowaway
UN convention Status of refugees
Masters Authority SOLAS
Illegal entrants
- Port of embarkation
- Establish identity
- Prepare statement (Company, Port of embark, next port, flag state)
- Declares refugee
- Not depart passage plan (Unless repatriation has been arranged)
- Present to authorities
- Security, general health, welfare
- No work
Consequences of stowaways
Yacht delayed
Repatriation complex and costly (P&I)#
Life of stowaway at risk
Who can carry armed guards
UK Vessels
- Risk Assessment
- Private Security Company
- Masters Authority
- Storage and handling
- Counter piracy plan to DoT
- Exceptional circumstances for using guns
UK employment law to yacht crew
Employment Rights Act 1996
- Registered in UK port
- Not work wholly outside the GB
- Person is ordinarily a resident
(Can be applied even if vessel is non-uk registered) there is precedence
Describe Code of Conduct
A code
Nautilus, UK Chamber of Shipping and Rail Maritime and Transport workers. Approved by MCA
Not law but a guide, typically wouldn’t pass ISM if the ship contradicts
The document sets out disciplinary rules, reflecting the standards of behavior generally to be expected by all seafarers
Rules drawn up by shipping companies and masters standing orders relating to conduct should not conflict with the disciplinary rules in the code.
List Gross misconduct
- Assault
- Willful damage
- Theft
- Possession of offensive weapons
- Failure to perform duties
- Drugs
- Endangering the ship
- Mutiny
- Disobedience to lawful order
- Asleep
- Alcohol, drugs
- Friendship
- Tardiness
- Sexual nature
- Bullying
- Smuggling
Name lesser breaches
- Gross misconduct offences but are not justified dismissal due to circumstances
- Minor act of negligence, duty, assault
- Unsatisfactory work performance
- Poor time keeping
- Stopping work before authorized time
- Offensive or disorderly behavior
Procedures for a Dismissal
Initial:
- Meeting (Seafarer, officer and master)
- Informed alleged breach, s/he admits
- If they decide formal action, decide on suspension
Formal:
- Investigate
- Prior warnings (DH)
- The crime (DH)
- Disciplinary hearing, written notice
Crew member (Work colleague, trade union official) Can protest, call witnesses
Appropriate penalty assigned:
- Final warning
- Written
- Formal
- Informal
When does Fair dismissal apply
Capability
Qualifications
Conduct
Redundant
Contravention (Presence of a person an issue)
Define Unfair Dismissal
- Reason for dismissal
- Another justification
Define Constructive Dismissal
Plan to screw them over. forcing them to leave
Define Wrongful Dismissal
Employer broken terms
