CHAPTER 8

RECOMMENDATION AND
STATE OF LEGISLATION
 LEARNING OBJECTIVES

UPON COMPLETION OF THIS CHAPTER, STUDENT ARE ABLE TO:

Explains how recommendations differ from regulation

Describes the IMO guidelines on the mitigation of fatigue
Describe the IMO principles of safe manning and the
guidelines for their implementation.
Give example of recommendation and state of legislation
dealing with human factors.
HOW RECOMMENDATION DIFFER FROM REGULATION?

A Regulation takes a previous recommendation or guideline and

makes it a requirement for legal operation. A regulation originates in an
agency with either governmental or official authority and has the power
of law.

According to dictionary
Recommendation : a suggestion or proposal as to the best course of
action, especially one put forward by an authoritative body
Regulation : a rule or directive made and maintained by an authority.
 THE IMO GUIDELINES ON THE MITIGATION OF FATIGUE.

• The most powerful means of relieving fatigue is to get proper sleep and to rest
when appropriate. However, a number of countermeasures have been identified
as potentially providing some short-term relief. It must be emphasized that
these countermeasures will not restore an individuals state of alertness; they
provide short-term relief, and may in fact, simply mask the symptoms
temporarily.
 THE FOLLOWING LIST CAPTURES SOME OF THE SHORT-TERM
COUNTERMEASURES.

 Interest or Opportunity; An interesting challenge, an exciting ideas, a

change in work routine or anything else that is new and different may
help to keep you awake. If the job is boring or monotonous, alertness
fades.
 Environment (light, temperatures, humidity, sound, and aroma) bright
lights, cool dry air obtrusive or loud music or other annoying irregular
sound and some invigorating aromas (such as peppermint) may
temporarily increase alertness.
 Food and consumption of chemicals
 Caffeine (encounter in coffee and tea and to a lesser extent in colas and
chocolate) may combat sleepiness in some people for short periods.
However, regular usage over time reduces its value as a stimulant and
may make you more tires and less able to sleep.
 MUSCULAR ACTIVITY
Any type of muscular activity helps you keep alert; running, walking, stretching
or even chewing gum can stimulate your level of alertness.

• Social Interaction: social interaction (conversation) can help you stay

awake however, the interaction must be active to be effective.
• Job Rotation: changing the order of activities, where personnel are
assigned task that include variety in the nature of task, can be beneficial in
breaking up job monotony. Mixing tasks requiring high physical or mental
work with low demand task can be beneficial.
• Strategic Napping: research has identified “strategic napping” as a short-
term relief technique to help maintain performance levels during long
periods of wakefulness. The most effectiveness length of time for nap is
about 20 minutes. This means that if you have the opportunity top nap you
should take it. However, there are some drawbacks associated with napping
THE IMO PRINCIPLES OF SAFE MANNING AND THE GUIDELINES
FOR THEIR IMPLEMENTATION

These guidelines should be used in applying the principles of minimum

safe manning set out in section 3 to ensure the safe operation of the
ships which article III of the1978 STCW Convention (Standards of Training,
Certification and Watch keeping), as amended, applies and the security of
the ships to which chapter XI-2 of the 1974 SOLAS Convention, as
amended, applies, and for the protection of the marine environment
OBJECTIVES:

• The objectives of these guidelines are to ensure that the ship is

sufficiently, and efficiently manned to provide safety and security of
the ship, safe navigation and operation at sea, safe operation in port,
prevention of human injury or loss of life, the avoidance of damage of
the marine environment and to properly, and to ensure the welfare
and health of seafarers through the avoidance of fatigue. These
objective can be achieve through the following:
• Adoption of goal-based approach
• Standard procedures for effective implementation; and
• Effective enforcement
 PRINCIPLE OF MINIMUM SAFE MANNING
The following principle should be observed in determining the minimum safe
manning of a ship the capability to:

• Maintain safe navigational, port, engineering and radio watches in

accordance with regulation VIII/2 OF 1978 STWC convention, as
amended, and also maintain general surveillance of the ship;
• Moor and unmoor the ship safely
• Manage the safety function of the ship when employed in stationary or
near stationary mode at sea; for perform operation as appropriate for the
prevention of damage to the marine environment
• Maintain the safety arrangement and the cleanliness of the accessible
spaces to minimize the risk of fire
• Provide for medical care onboard ship
• Inspect and maintain, as appropriate, the structural integrity of the ship
• Operate in accordance with the approve ships Security Plan; and
ability to:

-operate all watertight closing arrangement and maintain them in

effective condition, and also deploy a competent damage control party;
-operate all onboard fire-fighting and emergency equipment and life
saving appliances, carry out such maintenance of this equipment as is
required to be done at sea, and muster and disembark all person on board;
-operate the main propulsion and auxiliary machinery including pollution
prevention equipment and maintain them safe condition to enable the ship
to overcome the foreseeable perils of the voyage
 THE FOLLOWING ONBOARD FUNCTION, WHEN APPLICABLE,
SHOULD ALSO BE TAKEN INTO ACCOUNT:

• 1. ongoing training requirements for all personnel, including the operation

and use of the fire-fighting and emergency equipment, life-saving
appliances and watertight closing arrangements;
• 2. specialized training requirements for particular types of ship and in
instances where crew members are engaged in shipboard tasks that cross
departmental boundaries;
• 3. provision of proper food and drinking water;
• 4. need to undertake emergency duties and responsibilities; and
• 5. need to provide training opportunities for entrant seafarers to allow them
gain the training and experience needed.
EXAMPLES OF RECOMMENDATIONS AND STATE OF LEGISLATION
DEALING WITH HUMAN FACTORS

UNITED NATIONS
• UNCLOS 1982 – [Articles 58 (2), (3); 94(7)]
-The United Nations Convention on the Law of the Sea (UNCLOS), also
called the Law of the Sea Convention or the Law of the Sea treaty, is the
international agreement that resulted from the third United Nations
Conference on the Law of the Sea (UNCLOS III), which took place between
1973 and 1982
IMO (international maritime organization)
• SOLAS 74 Convention, Part C – Casualties [chapter 1/ REG. 21
• MARPOL 73/78, 84 AMEND [Reg. 23]
• LOAD LINE CONVENTION 1966, CASUALTIES [Reg.23]
• Code For The Investigation Of Marine Casualties And Incidents
[Resolution A.849 (20)]
• Amendment To Code For The Investigation Of Marine Casualties And
Incidents.
• Guidelines For The Investigation Of Human Factor [Resolution A.884 20]
• Reports On Marine Casualties And Incidents Required Under Solas
Regulation I/21 And Marpol 73/78, Articles 8 And 12
• Revised Harmonized Reporting Procedures [Msc-mepc.3_circ.3] (
Amendments To Circular The Msc-mepc.3_circ.1 Approved By The Msc
85)
• Code Of The International Standards And Recommended Practices For A
Safety Investigation Into A Marine Casualty Or Marine Incident (2010/01/0
[Msc Mepc.3_cric.2]
ILO (INTERNATIONAL LABOUR ORGANIZATION)
• RELAVANT PROVISIONS OF THE MARITIME LABOR CONVENTION,
2006:[GUIDELINES B4.3.6 INVESTIGATION; REGULATION 5.1.6 –
MARINE CASUALTIES]

ICAO (INTERNATIONAL CIVIL AVIATION ORGANIZATION)

• AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION – CHICAGO
CONVENTION [ANNEX 13 TO THE CONVENTION ON
INTERNATIONAL CIVIL AVIATION]