Blackpool and The Fylde College

Fleetwood Nautical Campus

School of Maritime Operations
Masters’ Orals Course
Business and Law

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
• Time: 2130 hours
• Place: Officers’ Mess at Sea
• Event: Movie Night!
• Present: Master, Officers and Bosun
•What now…?
Immediate action: Primary
Response

• safety of ship and personnel

• defuse situation
• consider leaving the room and let the Chief
Officer handle it
• exercise due care over the ‘patient’ and
administer Medical First Aid
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Subsequent Action: Secondary
Response

• Commence company disciplinary procedure

• consider long term assistance
• inform company of decisions taken on-
board

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
What’s your D & A policy?
Recap…..
• Primary response
• defuse situation and prevent it getting worse
• maintain awareness of ‘big picture’
• where it is not necessary, do not get physically involved
• delegate
• be aware of medical responsibilities

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
• Secondary Response
• welfare
• discipline
• crew morale
• efficiency
• and, of course...

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Shortly, we’ll look at the whole
concept of discipline and relate it to this event
Good morning and
welcome to
Fleetwood!
Master’s Orals: Legal and Business
 Course Objectives:
• to revise Master’s Business and Law,
focusing on the Oral Examination syllabus
• to prepare you effectively for the Oral
Examination
• to foster an interest in the Law which will
continue beyond this course and help
prepare you for Command

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Health Warning!

• Given the fast pace of this course it is

vital that you make every effort to
attend every session. If this is not
possible you MUST collect any notes
or handouts distributed and read up
the topics thoroughly
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Taking over Command

Group work in two stages:

1. Preparation prior arrival on the ship

2. Taking over command on arrival at the ship

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Harmonised System of Survey
and Certification

Ref: MSN 1751 (M+F)

Merchant Shipping (Survey and
Certification) (Amendment)
Regulations 2000

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Previously, ships could be subjected to time-
out for one survey after another. Under the
HSSC this process should be streamlined.

The benefits include:

• flexibility of survey schedule

• reduced numbers of surveyors
• reduced survey time and paperwork
• reduced costs
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Seven types of survey under HSSC:

• Initial
• Renewal
• Periodical
• Intermediate
• Annual
• Outside of ship’s bottom survey
• Additional

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Outline of HSSC

• Max. validity for all certificates 5 years, except

pax ship safety cert which is 12 months
• new certs will be dated from the expiry of the
old one
• surveys may be undertaken up to 3 months
before expiry though new date still goes from
expiry of old one

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Outline - continued

• Extensions of 3 months (1 month for ships on

short voyages) allowed but expiry date is still
dated from old certificate
• every certificate subject to Annual,
Intermediate or Periodical survey according to
the rules

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Re-surveys

• PC - renewal each year

• RADIO - periodical each year
• LOADLINE - Annual
• SEC – Annual Periodic and Intermediate
Periodic on 2nd or 3rd year

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
• SAFCON
• IGC/GC
• IBC/BCH
• IOPPC
• INLS

All Annual and Intermediate on 2nd or 3rd

year

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 CSSC

A new Cargo Ship Safety Certificate which

includes provision for recording all the surveys
required for SEC, RADIO, SAFCON may be
issued as an alternative to the existing cargo
ship safety certificates.

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Transitional arrangements

• Current certs stay in force until expiry

• Implementation of HSSC will occur at
mutually convenient date arranged between
owners, administration and relevant
organisations for each ship.
• This could be in line with SAFCON or Dry
docking.

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 ACS
Alternate Compliance Scheme
• MGN 345
• Certificate of Inspection (COI) (it is possible
for it to be withdrawn)
• Valid 5 years
• Ships to be Surveyed and Certificates issued
by 7 Classification Societies
• LR, BV, GL, DNV, RINA, ABS, NKK
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 ACS

• Exceptions:
• ISM (DOC, SMC)
• ISPS
• Safe Manning Document
• ILO
• 1 out of 5 Radio Surveys (by SELEX)

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Lets go back to our sailor in the messroom…

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Discipline in the workplace

29
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
30
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
What are you trying to achieve on
board your ship?
• state of self-imposed
orderliness
• compliance with the
law and your
instructions
• high morale
• effective performance
• safe environment
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Can you think of an example of
high compliance and low morale?

perhaps not quite the

intended state of
things on board ship!!

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
How about high morale but low
compliance?
• again…maybe a bit
nicer but perhaps not
quite the ethos we
would like to foster
• (well, not all the time
anyway!)

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 We need a balanced situation
where
•Morale is high
•discipline is self-motivated
•people respect and look up to your
leadership
•discipline, if required, is fair,
transparent and consistent

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
34 THE FYLDE COLLEGE
An Associate College of Lancaster University
 Why do or don’t people comply
with your instructions?
• Compliance • Non Compliance
• confidence in you • lack of confidence
• instructions understood • no understanding
• reasons accepted • reject reasons
• desire for progress • uncertainty or anxiety
• fear of penalty • indifference to penalty
• commendation by superior • indifference to
• respond to ‘positive commendation
strokes’

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Two fundamental types of
discipline:

• Preventative
• Corrective

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 All must be PROGRESSIVE

37 Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
An example of progressive
discipline

• verbal reprimand - recorded

• written warning - recorded in OLB
• dismissal

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 All Codes, Procedures and
methods MUST be

• systematic and
• proceduralised

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Codes of Conduct
• MCA, MNTB and Trade Unions have jointly
agreed MN Code of Conduct
• If you sign on articles of agreement, it is implied
that you are agreeing to requirements of the MN
Code of Conduct
• National Maritime Board (now defunct) but its old
Code of Conduct is still used by some companies
• many revised Codes are now Company specific

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
All codes will cover:

• punctuality
• drugs and alcohol policy
• bringing unauthorised persons on board
• carriage and use of offensive weapons
• smoking regulations
• duties
• vandalism and care of accommodation
• anti-social behaviour

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Regrettably, even in the best-run ships it is
inevitable that you will have to resort to
disciplinary procedures at some stage...

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Procedure, procedure, procedure

• investigate
• take statements from witnesses including
the accused
• act swiftly and rationally but never get
emotionally involved
• observe the accused’s rights

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
At the hearing or interview:
• Allow the accused to be accompanied by a friend or representative
• ensure that meaningful and effective communication is possible
• establish the facts
• spell out the standard of behaviour required by you, your Company and the
other people on board
• confront the accuser with his/her behaviour and the gap between actual and
desired behaviour
• negotiate a plan to bridge the gap giving the accused the responsibility to
improve the situation
• deliver your decision
• emphasise the consequences of repeated breaches of discipline
• record every step of the way meticulously and have your meetings witnessed
by a senior officer

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Content of Warning

• clear description of the nature of offence

• action required by employee to improve
• nature of penalty imposed
• consequences of further offence
• appeal procedure

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Some tips...
• Always establish FACTS and encourage
positive behaviour
• saying DO this instead of DON’T do that is
more positive
• maintain people’s dignity and self-esteem
• be aware of cultural differences
• try and keep relationships constructive and
co-operative

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 Summary Dismissal
• Criminal acts
• violence
• theft
• prolonged unauthorised absence
• illegal smoking
• vandalism
• serious breach of H&S Regs
• fraud
• gross neglect

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
How would you deal with this?
• Day 1: Lookout 15 mins late on Watch
• Day 2: Lookout 20 minutes late on Watch
• Day 3: Lookout 15 minutes late on Watch
• Day 5: Lookout 20 minutes late on Watch
• Day 6: Lookout 20 minutes late on Watch

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 At last…we get back to out
friend from the Mess...
The facts:
• slurred speech
• unsteady on his feet
• glazed look and dilated
pupils
• breath smelled of alcohol
• verbally aggressive and
physically assaulted the
Master

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 What will your decision be…?

Fleetwood Nautical Campus - School of Maritime Operations

50 BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
 And lastly…when does
discipline become a counselling
issue?
• Counselling may be more appropriate than
progressive discipline?
• Are you competent to do this?
• If not, your action may do more harm than
good

Fleetwood Nautical Campus - School of Maritime Operations

BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University
Document skimming and
homework
• Start to read relevant and recent MGN’s,
MSN’s and MAIB reports (+ relevant IMO
circulars)
• Read the paragraphs out of Maclachlan
listed in your Scheme of Work for next
week
• Research the answers to Questions 1 - 50 in
the notes
Fleetwood Nautical Campus - School of Maritime Operations
BLACKPOOL AND
THE FYLDE COLLEGE
An Associate College of Lancaster University