The board of the Marine Casualty Investigation Board (MCIB) says it welcomes the publication of the General Scheme of Merchant Shipping (Investigation of Marine Accidents) Bill 2022 and the Government’s decision to establish a new independent Marine Accident Investigation Unit (MAIU) within the Department of Transport.

“The board believes that the new proposed structure and the potential for greater synergy with other investigation units within the department’s remit will enhance future investigations of marine casualties and thereby contribute to greater marine safety,” it said in a statement on Tuesday (13 December).

Restrictions on the membership of the board which arose following a European Court of Justice decision in 2020 were resolved by the Merchant Shipping (Investigation of Marine Accidents) Act 2022, the board adds.

In February this year, the board completed a recruitment drive for additional investigators to the investigator panel “which comprises independent persons with a high level of technical expertise”.

In September, this was followed by a recruitment process for a full-time expert marine consultant for the MCIB, which is ongoing.

The board says this is in line with recommendations in the review of the organisational structures underpinning marine accident investigations commissioned by the Department of Transport.

It adds that it has “assured the minister and the department of its full support and cooperation to ensure continuity for ongoing and new investigations and to enable a smooth transition of the function of investigating marine casualties from the board to the new unit which will be established by the current bill.”

This story was updated on Wednesday 14 December with a link to the bill.

The Marine Casualty Investigation Board (MCIB) has said all ship crew and vessel operators need to be reminded of the potential dangers of working at height following its inquiry into a fall from an Irish cargo ship.

A 29-year-old Polish national working as a second officer with Arklow Shipping was seriously injured after he fell from the Arklow Clan, an 87.4 metre-long general cargo ship, while it was berthed in Aberdeen, Scotland.

The incident occurred at around 17.49 hours on August 11th 2021, while the ship, in ballast condition, was due to unload a cargo of scrap metal the following morning.

Three crewmembers had begun lowering the walkway handrails in preparation for loading operations.

Whilst lowering the handrails, the second officer lost his footing, falling around 3.6 metres (m) from the walkway to the quay below.

As a result of the impact, he sustained serious injuries to both his legs, necessitating an extensive period of hospitalisation, multiple surgeries, and rehabilitation. The man had two years of service with Arklow Shipping, and it was his second contract onboard the Arklow Clan.

Investigations into the cause of the incident were undertaken by Arklow Shipping, the vessel’s crew and Port of Aberdeen staff.

Britain’s Marine Accident Investigation Branch (MAIB) and the MCIB were both notified by the master/ship Operator, with the MCIB subsequently investigating the incident.

The MCIB report says that working at height remains one of the biggest causes of fatalities and major injuries onboard vessels.

“ All the major P&I clubs (vessel insurers) have issued loss prevention circulars identifying the dangers of working at height both above and below deck,”it says.

“ A failure to adequately identify work hazards, poor planning and supervision remain contributory factors in the majority of working at height incidents,”it says.

It notes that onboard the Arklow Clan, it was “common practice not to wear harnesses when dropping the railings”.

“This culture and compliancy does not appear to be limited to the vessel, as an incident regarding lowered walkway handrails also occurred onboard the Arklow Vanguard, it says.

It says the lack of safety wires onboard 16 other vessels in the Arklow fleet was “persuasive evidence that the risks associated with handrail lowering operation were not appreciated by the crews or the vessel operator. In other words, the lack of a wire was not reported or deemed to constitute a hazard”.

The MCIB report says that Arklow Shipping identified the cause and rectified it quickly. It distributed a fleet circular letter on August 31st, 2021, advising all crew of the incidents at Manchester and Aberdeen with the walkway handrails.

“ The circular acknowledged the inadequacies of the procedures for lowering the handrails and set out new requirements,”it says.

The owner of the vessel, Arklow Shipping ULC, has said it accepts the report’s findings in a submission sent to the MCIB.

The MCIB says that the Minister for Transport should issue a marine notice to remind all crews and vessel operators of the potential dangers of working at height and their obligations to follow existing legislation and guidance in order to reduce any risks.

“This includes ensuring the task is risk assessed, subject to a permit to work, that crew are provided with a “toolbox talk” prior to commencing the task and the appropriate personal protection equipment( PPE) is available,” it says.

“ Crew must be provided with training in the correct use of PPE, and the PPE must be subject to regular inspections and recorded in a planned maintenance system, as per International Safety Management (ISM) Code (applicable to passenger ships and cargo vessels over 500 gross tonnes),” the report says.

The report is here

The quick action of a crew member on a Donegal fishing vessel probably saved the life of his skipper when his arm was trapped by a trawl door, an investigation has found.

The Marine Casualty Investigation Board (MCIB) report into the incident involving the whitefish trawler FV Marliona has noted that the trawl door was not secured adequately and that it was in the wrong position.

This made it prone to movement from side to side. At the time of the incident, the vessel was taking a slight roll, adding to this movement, the MCIB report notes. These factors, along with fatigue, were probable causes.

The incident occurred on the afternoon of February 3rd, 2021, when the Marliona was alongside Greencastle harbour, Co Donegal.

During a repair procedure, the skipper’s left arm became trapped by a trawl door, causing severe damage to his arm.

First aid was administered by another crewmember and the bleeding was stopped. The skipper was transferred by ambulance to hospital for his injuries, and his arm was saved. He was released the same day, but continued to receive treatment and only returned to work in May 2021.

The “FV Marliona” is a white fish trawler that mainly fishes to the west and north of Donegal.

On February 3rd, 2021 the vessel had been fishing off the west coast of Donegal and had returned to the port of Greencastle, Co Donegal to unload its catch and repair its fishing gear. Its registered owner is Marliona Fishing Ltd.

In its analysis, the report noted that during the repairs, the trawl door was lower than normal, and so the skipper had to reach down lower to grab the chain-link.

It said “the absence of a risk assessment for this operation and the incorrect positioning of the trawl door were causative factors”, and the unstable trawl door and the vessel’s roll trapped the skipper’s arm.

It said that the casualty was “in serious risk of bleeding out in a short time, but due to the quick action of crewmember B he got critical attention that probably saved his life”

The crew member had recently completed a three day first aid course which was a “major factor”, the MCIB report said.

The report concluded that the operation should have been done on the quay wall, i.e., the door should have been landed onto the quay and the chain-link removed there.

It said that time sheets were inspected for the vessel, and inconsistencies were noted, but the MCIB “can make no finding about compliance or non-compliance with the regulations as that is within the jurisdiction of the Marine Survey Office.

“ Irrespective of whether there was or was not compliance with the regulations, it cannot be discounted that fatigue may have been a contributory human factor, it said.

“It is likely that another human factor was that of time pressure to effect the repairs during a limited time in port before the next fishing trip,”it said

The report made eight recommendations, including recommending that the Minister for Transport should issue a marine notice reminding fishing vessel owners and operators of the great importance of safety and risk assessments, and that these assessments and methodology are communicated fully and should involve interpreters if required.

Recommendations also included calling on the Minister for Transport to review existing health and safety training of fishers in light of this report.

It said the Minister for Transport should ensure that the Marine Survey Office has the capacity for the audit of working time to ensure compliance with relevant regulations, and to ensure adherence to the requirements in S.I. No. 591/2021 EU (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations 2021.

The MCIB was established in 2002 under the Merchant shipping (Investigation of Marine Casualties) Act 2000. The purpose of the MCIB is to investigate marine casualties with a view to learning lessons to prevent them happening again.

It is not the purpose of an investigation to attribute fault or blame. The MCIB invites applications from suitably qualified marine consultants to enhance the technical skills within the MCIB Secretariat, support investigations and investigators, and provide technical advice to the Board as required.

To date, the MCIB has published approximately 254 accident investigation reports through independent investigators appointed by the MCIB to carry out accident investigations on its behalf and to develop reports for the MCIB.

Investigators are appointed from a panel and have a variety of highly technical maritime qualifications and skills. You will require the ability to communicate at all levels, from providing expert advice to the Board through to working with investigators and engaging in cooperative activity with the European Union wide network of maritime investigation units, and with other bodies interested in marine safety.

Details about the MCIB, its annual reports and its investigation reports can be accessed at www.mcib.ie.

As an Expert Marine Consultant to the Board, you will be required to:

• Provide expert technical advice to the Board on a broad range of diverse Marine Casualties.
• Co-ordinate a panel of investigators ensuring that marine casualties are investigated in accordance with the relevant legislation including the Merchant Shipping (Investigation of Marine Casualties) Act 2000, the IMO code, EU Directive 2009/18/EC and S.I. 276 of 2011 – European Communities (Merchant Shipping) (Investigation of Accidents) Regulations 2011 and the EU Common Methodology.
• Monitor and ensure that all incident investigations are conducted thoroughly and effectively and that they meet the requirements and expectations of the Board and are in accordance with national and international regulations, including providing guidance to the Board on the direction for the conduct of investigations.
• Act as investigator under warrant from time to time as appointed by the Board.
• Carry out other investigator type functions as may be determined by the MCIB from time to time including acting as a support or providing assistance to the investigator appointed under warrant, and/or co-operating on another investigation or report.
• Liaise with the Board and the Secretariat regarding investigation progress and presentation of reports in the required format.
• Take part in activities arising from the MCIB’s membership of the European Union's European Maritime Safety Agency (“EMSA”). This will include taking part in EMSA training and also any audits or assessments carried out by the EU/EMSA or IMO as required.
• Take part in MCIB training and in general activities arising from the MCIB’s own audit or governance activities.
• Contribute to the work of the MCIB in engagement with other entities interested in marine safety and other entities.
• Any other duties and responsibilities deemed necessary by the Board.

For more information, and to apply, see www.etenders.gov.ie and search ID number 220892 or click this link here

The closing date for applications is Tuesday 20th September at 16.00 hrs.

The Chairperson of the Marine Casualty Investigation Board has warned that regulation may well be required for watersports in the leisure marine sector if voluntary standards set by accredited bodies are not adhered to.

That serious warning is contained in the annual report of the Board for last year, which recounts that in its report for 2020, “we strongly encouraged all organisations (especially clubs and commercial entities) associated with watersports and water recreational activities to audit their safety systems and to have regard to all guidelines or recommendations issued by any governing sports bodies.”

Chairperson Claire Callanan says: “It is disappointing to note that in 2021 the MCIB continued to be advised of situations where little or no regard was paid to governing body safety guidelines.”

"little or no regard was paid to governing body safety guidelines"

She says: “A number of recommendations were made in relation to the kayaking/canoeing sector, including ones related to commercial users. These included a recommendation that consideration should be given to the establishment of a directory of commercial providers of coastal sea and river paddle facilities and that consideration should be given to how best to enhance safety standards within the commercial paddle sport provider sector and whether a mandatory registration or licencing scheme, which would provide for the registration of instructors and their qualifications should be introduced.

“We have observed a continuing increase in the number of very serious incidents involving kayakers/canoeists some of which could very easily have led to fatalities.

“Regulation may well be required, especially in the commercial sector, if voluntary standards set by accredited bodies are not adhered to.”

The MCIB report also says that the Board has seen an increase in “incidents involving fishing vessels of all sizes.

“This has also been the assessment of our European Union (EU) partners and is feeding into the draft of a new EU Directive.” 

As a result of the Court of Justice of the European Union (CJEU) decision in July 2020 (which held that Ireland had not correctly implemented Article 8.1 of Directive 2009/18/EC) the Board of the MCIB has had to operate with only three members. The Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2021 was presented to the Dáil on 11 November 2021 and passed its final stages in the Seanad on 5 May 2022. The Act will facilitate an increased composition of the Board based on a minimum of five and a maximum of seven members appointed by the Minister, along with other necessary operational and technical revisions to support the ongoing functioning of the Board.

The Chairperson comments in her annual statement: “The Board looks forward to the appointment of additional Board members at the earliest opportunity.”

In response to recommendations in the Marine Casualty Investigation Board (MCIB) report into the fatal incident involving the FV Myia in Galway Bay in November 2020, as previously reported on Afloat.ie, the Department of Transport is stressing the importance of navigation planning.

The necessity of ensuring all navigation is planned in detail from berth to berth, with contingency plans in place, applies to all concerned in the fishing industry.

Owners and relevant crew members need to familiarise themselves with their vessel, including its anchoring arrangements and any limitations of the anchoring equipment.

Owners and masters are also reminded that an efficient navigational watch shall be maintained throughout the voyage in line with the Basic Principles to be observed in keeping a Navigational Watch on Board Fishing Vessels as set out IMO Resolution A.484 (XII). Situational awareness with regard to navigation shall be maintained at all times.

All voyages must be planned using the most up to date nautical publications and approved admiralty charts and/or ECDIS. It is essential to carry out regular weather forecast checks during coastal, offshore and ocean voyages.

Shipowners, masters, skippers and fishers should particularly consider the following points when planning on going to sea:

• Weather: Prior to proceeding to sea, weather forecasts shall be assessed and the means to obtain available weather forecast updates shall be ensured. The prevailing weather shall be monitored at all times. Where weather conditions are deteriorating and the safety of the vessel or crew is in question, operators should seek shelter or return to port.
• Tides: The state of the tide and current should be determined for the planned voyage, task or activity. Masters and skippers shall ensure that the vessel or craft can be safely operated in the states of expected tide or current.
• Limitations of the vessel: Ensure the vessel is suitable for the planned voyage, task or activity, that all systems are available and in good operational condition, including all appropriate safety systems and equipment which shall, at all times, be ready for immediate use.
• Crew: Take into account the experience and physical ability of the crew. Crews suffering from cold, tiredness and seasickness won’t be able to do their job properly and this could result in an overburdened skipper. Prior to proceeding to sea, crew members should be well rested, fit and physically capable for any task that they may be required to perform whilst onboard. Masters and skippers should be aware of dangers of, and be able to recognise, fatigue and its impact on the safety of the vessel or craft.
• Communications: VHF radio should be available onboard which is capable of operating on marine band Channel 16 to raise a distress and/or seek assistance. Skippers should not rely on mobile phones as signal availability can be reduced or lost due to range from shore and environmental conditions. Skippers should, prior to departure, advise the port authority or a designated person ashore of planned area of operation and expected time of return.

Dun Laoghaire senator Victor Boyhan has called for a more transparent and accountable Marine Casualty Investigation Board (MCIB).

He has also called for a new mechanism to appoint members to the MCIB board.

Speaking during a debate on the Merchant Shipping (Investigation of Marine Casualties) Bill in Seanad Eireann earlier this week, Senator Boyhan recalled the EU Court of Justice ruling issued last year.

The ruling stated that Ireland has failed to provide for a maritime accident investigation body that was "independent in its organisation and decision-making of any party whose interests could conflict with the task".

It was issued after a case was taken to Europe by maritime lawyer Michael Kingston.

Boyhan, a former director of the Dun Laoghaire Harbour Company and a member of the Oireachtas Committee on Marine matters, called for “ a robust and properly resourced marine casualty body which has capacity, funds, resources, and organisation structures in place”.

He said that a full-time professional unit was required, and the public needed to have confidence in its work.

Boyhan also called on Minister of State for Transport Hildegarde Naughton to publish the Lacey and Clinch reports on the handling of maritime investigations.

He recalled that the Lacey report was undertaken by Ms Róisín Lacey SC, and was delivered on to the Department of Transport on August 25th, 2010, but remained unpublished.

The report, commissioned by the then Minister for Transport, Noel Dempsey, recommended establishing a national accident investigation office which was “independent in every way” from the Department of Transport, encompassing aviation, rail and marine, Boyhan said.

The Lacey report identified that it had to be done to comply with an EU directive that was being transposed into Irish law, he said.

“The Minister of State will be very familiar with this as I have seen her engagement on this legislation,” he continued.

The Clinch report was conducted by Captain Steve Clinch of the British-based company, Clinchmaritime Ltd, he said.

“The report was commissioned by the Department of Transport to carry out an independent review of the organisational structures of the Marine Casualty Investigation Board, MCIB,” he said.

“The key objective of the review was to assess the current organisational structures for marine casualty investigation and to set out in a report any recommendations to achieve the most appropriate and effective marine casualty investigation structures for Ireland, taking into account national, EU and international law and obligations,” he said.

Boyhan said the Clinch report was delivered to the Department of Transport in 2021.

The Merchant Shipping (Investigation of Marine Casualties) Bill will be back in the Seanad for Report and Final Stage next week.

An unattended electronic device, possibly a mobile phone on charge, may have ignited a fire on a west Cork fishing vessel which sank last year.

The Marine Casualty Investigation Board (MCIB) report into the sinking of the fishing vessel Horizon 20 nautical miles off the Old Head of Kinsale, Co Cork, on May 14th, 2021.

The skipper broadcast a “Mayday” on VHF and the four crew on board were recovered from their liferaft by the offshore supply ship, Pathfinder (italics).

Despite efforts to fight the fire by a responding offshore supply ship, Maersk Maker, the fishing vessel sank at approximately 07.00 hrs, close to the position where it initially caught fire.

The MCIB report said there was some sea surface oil pollution reported which appears to have dissipated naturally.

Weather and sea conditions at the time were good with light winds and a moderate sea. The crew, who were not injured, were subsequently transferred to the RNLI Courtmacsherry lifeboat and brought ashore.

The MCIB report found the vessel was materially fit for purpose and in a stable condition immediately prior to the incident, and its condition was not a factor in the fire and sinking.

It says while the cause of the outbreak of the fire is “not known with any certainty”, it is “ reasonably deduced” that an unattended mobile phone or other similar electronic device which was being charged and/or an electronic device battery charger into a 240V AC circuit in the crew accommodation cabin may have been the source.

It says a time delay in fighting the fire caused by the failure of the smoke detector alarm on board allowed the blaze to take hold and spread before being spotted by the skipper when he returned to the wheelhouse.

It says that exposure of the flexible plastic hose components of the vessel’s machinery cooling systems to the fire in the engine room - allowing them to melt and lose their watertight integrity – allowed seawater in and the vessel sank.

The report says that had the fire detection system onboard the fishing vessel been “more in-line with the more stringent requirements of the International FSS Code which requires the fire detection system to include both audible and visual fault signals, the fire in the accommodation cabin would likely have been detected earlier”.

However, only audible smoke detector alarms were fitted as the Horizon was deemed an “existing vessel” in 2007 when a relevant statutory instrument on fire detection was promulgated.

The report says that two of the vessel’s crew did not have the required BIM safety training courses completed.

The report recommends that the Minister for Transport should prepare and issue a marine notice reminding owners, skippers, officers and crew members of fishing vessels of the requirement to have basic safety training in accordance with statutory instrument 587 of 2001.

A marine notice should also be issued ensuring that fire detection systems and alarms are regularly tested and maintained in an operational condition, it says.

This includes “guidance on the inspection and testing of fire detection systems onboard fishing vessels of 15–24 metres in length”.

The report also recommends Minister for Transport should amend the Irish Maritime Directorate Strategy 2021 – 2025 policy document in relation to specified aspects of maritime safety.

A new bill with amendments to the law that established the Marine Casualty Investigation Board (MCIB) will support its independence, the Transport Minister has said.

Minister Eamon Ryan last week introduced to the Seanad the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2021, following its publication last November.

“This bill is a necessary intermediary step to amend the existing legislative framework for the MCIB in order to ensure and support the continued functioning of the investigative body in the immediate term,” he said.

As previously reported on Afloat.ie, changes in the bill will facilitate the appointment of new members to the MCIB and are aimed at supporting its independent functioning as the State’s marine casualty investigative body.

The move follows a Court of Justice of the European Union (CJEU) judgment in July 2020 concerning the independence of the MCIB, which saw the resignation of two board members whose positions within the Department of Transport risked conflict of interest.

“This bill is a first step in a reform process,” Minister Ryan reiterated to senators. “I propose further legislative change in the area of marine casualty investigation arising from the completion of a separate review of the legislative and structural framework that applies in Ireland.”

He said the finding of this report “have been given consideration” and a policy proposal will be brought to Cabinet “in the coming weeks”.

Minister Ryan’s statement to the Seanad, which outlines the bill and its provisions in full, can be found on KildareStreet.

The bill was expected at Committee Stage earlier today, Tuesday 15 March.

A 75-year old skipper may have become ill or got trapped in his own fishing vessel when finishing a day’s work close to the Donegal coast, according to the Marine Casualty Investigation Board (MCIB).

The MCIB report into the death of the skipper of the 9.2 m Teelin-based vessel Mirror of Justice on August 26th, 2020, says it would appear that this happened when the skipper was either beneath the wheelhouse floor or in the forepeak compartment as he was “not visible to a helicopter winchman”.

The Sligo-based Rescue 118 helicopter, the RNLI Arranmore Lifeboat, the Killybegs Coast Guard Delta RIB and shore crew, the Garda Síochána and a number of local vessels had been involved in the search for the skipper after his vessel was spotted drifting close to rocks west of Teelin Bay, Co Donegal.

The skipper was described as being a “fit, competent and experienced fisher, with a sound understanding of the risks involved in all fishing operations and who would have implemented appropriate contingency actions in the event of a breakdown or a distress situation”.

Due to an Atlantic swell, the vessel broke up on the rocks on which it grounded. Shortly afterwards the casualty was found floating nearby wearing flotation type oilskins but no personal flotation device (PFD).

The vessel fished for squid using rod and reel, west of Teelin Harbour, and had departed Cladnageragh at approximately 09.30 am, with an expected return time of about 8.30 pm.

The skipper had left a note for his wife to say he was going to “Green nose”, a fishing area between Slieve League and Rathlin O’Beirne, marked as “Giants-rump” on the chart, approximately 3.5 nautical miles (NM) west and along the coast from Teelin Bay.

The operation involves the use of several rods and reels and special types of lures called squid jigs. Squid are caught in areas with stony sea beds and finding an area where squid are present is a matter of trial and error or by using local knowledge. Any catch was to be sold to market.

The wreck of the FV Mirror of Justice Photo: MCIB

Weather at the time was moderate occasionally fresh at first – Beaufort 4 or 5 (mean wind speed 15 – 20 knots) and occasional gusts up to 25 knots.

The winds gradually decreased during the period to light – Beaufort force 3 (mean wind speed 8 to 10 knots) by the end of the period. Wind direction was westerly and backed south-westerly later in the period.

At no time before or during the incident, were there any reports that the Skipper of the “FV Mirror of Justice” attempted to call for help either by VHF radio or by phone, which was found on his possession following recovery, the MCIB report says.

It also says he made no attempt to indicate distress with hand flares and there is also no evidence that he made any attempt to arrest the drift of the vessel by anchor or any other means.

The MCIB report recommends that the Irish Maritime Administration of the Department of Transport should intensify its efforts to promote maritime safety awareness.

It says this should be done “through a process of information and communication”, promoting “more effective communication between key stakeholders as detailed in the Maritime Safety Strategy”.