reporting of accidents to and on board ships – authorities warn of consequences
23 March 2008

Shipping industry employers, ship owners and masters could face hefty fines or imprisonment for failing to timeously report accidents that occur within South African waters or ports.

A recent warning to ship owners and harbour contractors to report casualties and accidents to marine safety authorities has suggested to insiders that harbour accidents have been occurring underneath the radar.

The South African Maritime Safety Authority (SAMSA) has circulated a notice reminding ship owners, masters and shore contractors of their obligation to report casualties, accidents and serious injuries to them in terms of section 259 of the Merchant Shipping Act No 57 of 1951.

Tony Edwards of Shepstone & Wylie's International Transport, Trade and Energy Department, points out that in terms of the Act a fine of up to R5,000 or imprisonment not exceeding three months may be imposed for a failure to report an accident. Increased penalties apply to a failure to report loss of life or serious injury, in which case the punishment may be a fine of up to R60,000 or imprisonment not exceeding three years.

The obligation to report accidents applies to South African-flagged ships and to foreign-flagged ships, says Edwards.

Where a South African flagged ship is involved, the accident must be reported to SAMSA irrespective of where it occurred. An event involving a foreign-flagged ship need only be reported to SAMSA if it occurred during a voyage to a South African port or within its territorial waters, or within a local port.

The “events” which must be reported to SAMSA include, but are not limited to, the following:
•  Loss, abandonment or stranding of a ship
•  Serious damage to a ship, or the causing of serious damage to another ship
•  Loss of life or serious injury to any person, or an accident
•  A ship in a position of great peril from the action of another ship or any other reason
•  A ship, having left any South African port, putting back to that port
•  Fouling or damaging any harbour, dock, wharf, lightship, buoy, beacon or sea mark.

This list is supplemented by the definition of “accident” in the Act to include the collapse or overturning of any crane or derrick; any electrical short-circuit or overload resulting in fire or explosion; the failure of any lashing wire, chain or appliance; the collapse or significant movement of cargo; and the malfunctioning of any hatch cover.

Accidents must be reported, on the prescribed form, to SAMSA within 24 hours of a ship's arrival in a South African port, or, if the event occurred in a South African port, it must be reported within 24 hours, but before the ship sails from that port. There is also an obligation on any employee, employer or user who learns about an event to notify the owner or the master of the ship concerned, says Edwards.

The Act extends the obligation to report an accident to the employer of a stevedore, or shore contractor who might be involved in a “casualty resulting in loss of life or serious injury to any person”. The employer must report the accident immediately to SAMSA. The master or owner of the ship who learns about an accident is obliged to notify the employer forthwith. (“Employer” is defined to include the owner or master of a ship.)

Edwards also reminds ship owners, masters and shore contractors that in order that SAMSA may do its investigation properly the scene of an accident may not be disturbed and nothing may be removed from the scene unless permitted by SAMSA.

Tony Edwards, Shepstone & Wylie

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