Memoranda of Understanding with the Maritime & Coastguard Agency (MCA)

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Memorandum of Memorandum of Understanding Understanding

Between the Between the Health Health and and Safety Safety Executive, Executive, the the Maritime Maritime and and Coastguard Agency Coastguard Agency and and the the Marine Marine Accident Accident Investigation Investigation Branch Branch for health for health and and safety safety enforcement enforcement activities activities and and accident accident investigation at investigation at the the water water margin margin and and offshore offshore

1. INTRODUCTION 1. INTRODUCTION

11.1 .1 This This Memorandum Memorandum of of Understanding Understanding is is made made between between the the Health Health and and Safety Safety Executive (HSE), Executive (HSE), the the Maritime Maritime and and Coastguard Coastguard Agency (MCA) and Agency (MCA) and the the Marine Marine Accident Investigation Branch Accident Investigation Branch (MAIB). (MAIB). Its Its purpose purpose isis to to ensure ensure effective effective collaborative collaborative working between working between these these organisations organisations where their duties where their duties for for health health and and safety safety enforcement and enforcement and accident accident investigation investigation overlap overlap at at the the water water margin, margin, offshore offshore and and on on inland waterways inland waterways in in and and around around the the United United Kingdom. Kingdom.

11.2 .2 The The HSE HSE is is aa non-departmental non-departmental statutory statutory body body corporate corporate sponsored sponsored by by the the Department for Department for Work Work and and Pensions Pensions (DWP), (DWP), whose main function whose main function is is to to make make arrangements to arrangements to secure secure the the health, health, safety safety and and welfare of people welfare of people at at work and to work and to protect the protect the public public from from dangers dangers arising arising from from work activities. ItIt is work activities. is responsible responsible forfor the the inspection and inspection and regulation regulation of of occupational occupational health health and and safety, safety, and and major major accident accident hazards, associated hazards, associated with with work activities. This work activities. This includes includes offshore offshore oil oil and and gas gas exploration, production and exploration, production and storage storage and and offshore offshore renewable renewable energyenergy structures. structures. For For offshore oil offshore oil and and gasgas exploration exploration and and production, production, HSE HSE works works in in partnership partnership with the with the Department for Department for Business, Business, Energy Energy and and Industrial Industrial Strategy Strategy (BEIS) (BEIS) as as part part of of the the Offshore Safety Offshore Safety Directive Directive Regulator Regulator (OSDR). (OSDR).

11.3 .3 The The MCA MCA is is an an Executive Executive Agency Agency of of the the Department Department forfor Transport Transport (DfT). (DfT). Its Its main main functions are functions are to to develop, develop, promote promote and and enforce enforce high high standards standards ofof marine marine safety, safety, toto minimise loss minimise loss of of life life amongst amongst seafarers seafarers and and coastal coastal users, users, and and toto minimise minimise pollution pollution from ships from ships to to the the sea sea and and coastline. coastline. MCA MCA is is responsible responsible for for enforcing enforcing all all merchant merchant shipping regulations shipping regulations in in respect respect of of occupational occupational health health and and safety, the safety safety, the safety ofof vessels, safe navigation vessels, safe navigation and and operation operation (including (including manning manning levels levels and and crew crew competency). Merchant competency). Merchant shipping shipping health health and and safety safety regulations regulations extend extend to to all all those those working on working on the the ship, and any ship, and any work activities undertaken work activities undertaken onon board. board.

1.4 The 1.4 The MAIB MAIB is is responsible responsible for for investigating investigating accidents accidents related related to to ships ships and and crew crew in in the territorial the territorial sea sea and and to to UK UK registered registered vessels vessels worldwide, to determine worldwide, to determine their their circumstances and circumstances and causes causes with the sole with the sole objective objective of of preventing preventing similar similar accidents accidents inin the future the future (i.e. (i.e. aa safety safety investigation). investigation). ItIt is is not not the the purpose purpose ofof an an MAIB MAIB investigation investigation to determine to determine liability liability nor, nor, except except soso far far as as isis necessary necessary to to achieve achieve its its objective, to objective, to apportion blame. apportion blame.

2. POWERS AND 2. POWERS AND LEGISLATION LEGISLATION

2.1 Details of HSE’s, 2.1 HSE's, MCA’s MCA's and MAIB’s MAIB's powers and legislation, inspection, investigation and investigation and enforcement enforcement policies policies and and contact contact details details are are outlined outlined on on their their respective websites. respective websites.

HSE:- http://www.hse.gov.uk/offshore/law.htm HSE:- http://www.hse.gov.uk/offshore/law.htm

MCA:- www.gov.uk/government/organisations/maritime-and-coastguard-agency MCA:- www.gov.uk/government/organisations/maritime-and-coastguard-agency

MAIB :- www.gov.uk/government/organisations/marine-accident-investigation-branch MAIB:- www.gov.uk/government/organisations/marine-accident-investigation-branch

2.2 In 2.2 In general, HSE, MCA general, HSE, MCA and and MAIB MAIB have have jurisdiction over the jurisdiction over the following following areas: areas:

SCOPE OF SCOPE OF JURISDICTION JURISDICTION HSE HSE MCA MCA MAIB MAIB Work activities Work activities covered covered UK ships UK ships and and those those All marine incidents All marine incidents // by the by the Health Health and and Safety Safety working working onon them them accidents in accidents in the the territorial territorial at Work at Work etc.etc. Act Act 1974 1974 anywhere in anywhere in the the world. world. sea and sea and on on inland inland and its and its relevant relevant statutory statutory Foreign flag Foreign flag ships ships and and waterways. waterways. provisions (e.g. provisions (e.g. docks, docks, those working those working on on them them in in Incidents Incidents // accidents accidents jetties, loading // cargo jetties, loading cargo UK waters UK (including waters (including involving UK involving UK ships ships operations, operations, shipship repair, repair, inland areas inland areas such such asas anywhere in anywhere in the the world. world. offshore installations, offshore installations, ports). ports). Investigate aa foreign Investigate foreign energy structures, energy structures, wells, wells, Search and Search and rescue rescue co- co- vessel outside vessel outside thethe pipelines and fish farms). pipelines and fish farms). ordination in UK SAR ordination in UK SAR territorial sea when no territorial sea when no area. area. UK flagged UK flagged vessel vessel isis involved ifif directed involved directed to to do do so by so by the the Secretary Secretary of of State. State.

2.3 Sometimes 2.3 Sometimes the the jurisdiction jurisdiction ofof HSE, HSE, MCA MCA and and MAIB MAIB can can overlap. overlap. Information Information on on the agreed the agreed principles principles used used to to identify identify which which organisation organisation will take the will take the lead lead for for enforcement and/or enforcement and/or accident accident investigation investigation when when jurisdiction overlaps is jurisdiction overlaps is provided provided in in an Operational an Operational Working Working Agreement (OWA). This Agreement (OWA). This includes includes aa decision decision making making process for day-to-day enforcement demarcation issues. 2.4 The 2.4 The underlying underlying principles principles of of this this MOU MOU are are that, insofar as that, insofar as the the relevant relevant legislation permits: legislation permits:

• the MAIB the MAIB and and HSE/MCA HSE/MCA investigations investigations will be independent will be independent and and can can proceed in proceed in parallel; parallel; and, and, the public the public interest interest requires requires that that safety safety considerations considerations are are of of paramount paramount importance, importance, which may mean which may mean that that the the interests interests of of an an MAIB MAIB accident accident investigation investigation take take precedence over precedence over aa criminal criminal investigation. investigation. Any Any need need to to agree agree precedence precedence or or to to de- de­ conflict investigations conflict investigations will be agreed will be agreed using using the the principles principles in in the the MoU. MoU.

3. PRINCIPLES 3. PRINCIPLES OF OF COLLABORATIVE COLLABORATIVE WORKING WORKING

3.1 This MOU 3.1 This MOU outlines outlines the the principles principles of of co-operation co-operation to to be be adopted adopted between between HSE, HSE, MCA and MCA and the the MAIB MAIB (including (including when when HSEHSE is is working working as as part part of of the the OSDR OSDR partnership). The partnership). The MOU MOU seeks seeks toto promote promote effective effective collaborative collaborative working (e.g. co- working (e.g. co­ ordination of ordination of regulatory regulatory activity activity and and knowledge knowledge sharing), sharing), while recognising and while recognising and respecting the respecting the different different regulatory regulatory and and other other legal legal frameworks frameworks within within which each which each organisation operates. organisation operates. As As such such this this MOU MOU isis aa statement statement of of intent; intent; nothing nothing in in itit shall shall create any create any legally legally binding binding or or enforceable enforceable obligations obligations on on the the HSE, HSE, MCA MCA or or MAIB. MAIB.

3.2 The 3.2 The principal principal purpose purpose of of collaborative collaborative working is to working is to enhance enhance the the effectiveness effectiveness of of HSE's, MCA’s HSE’s, MCA's and MAIB’s MAIB's delivery of their operational and policy objectives. This will be achieved be achieved through: through: • a common understanding of each other’s other's roles and responsibilities (e.g. who will be the lead regulator for the range of will be the lead regulator for the range of complex complex offshore offshore activities) activities) and and good regulatory good regulatory practice; practice;

• regular sharing regular sharing of of knowledge knowledge in in areas areas of of mutual mutual interest; interest;

• agreeing consistent agreeing consistent standards standards and and interpretation interpretation of of regulatory regulatory requirements requirements as far as far as as practicable; practicable; and and

• close co-operation close co-operation on on activities activities and and projects projects of of strategic strategic or or commercial commercial relevance. relevance.

3.3 HSE, 3.3 HSE, MCA MCA andand MAIB MAIB will undertake to will undertake to use use their their best best endeavours endeavours to to co-operate co-operate effectively to effectively to enable enable and and assist assist each each other other to to carry carry out out their their responsibilities responsibilities and and functions, and to functions, and to maintain maintain effective effective working arrangements for working arrangements for that that purpose. purpose. Such Such co- co­ operation should operation should avoid avoid difficulties difficulties which might arise which might arise from from uncoordinated uncoordinated approaches approaches by the by the organisations organisations (e.g. (e.g. inconsistent inconsistent standards, policies, and standards, policies, and regulations, regulations, uncertainty over uncertainty over jurisdiction and duplication jurisdiction and duplication of of inspection, inspection, accident accident investigation investigation and and enforcement activity). enforcement activity).

4. INTENDED ACTIVITIES 4. INTENDED ACTIVITIES AND AND ASSOCIATED ASSOCIATED BENEFITS BENEFITS

4.1 ItIt is 4.1 is anticipated anticipated that that the the activities activities to to be be undertaken undertaken pursuant pursuant to to this this MOU, MOU, andand the the associated benefits associated benefits of of such such collaborative collaborative working, working, will include: will include: • creating a common understanding of HSE's, MCA’s MCA's and MAIB’s MAIB's roles and responsibilities, regulatory responsibilities, regulatory priorities priorities and and approaches, including roles approaches, including roles in in relation to relation to the the health health and and safety safety ofof crews crews on on ships ships and and those those on on board board undertaking work, undertaking in particular work, in particular connected connected toto the the offshore offshore energy energy sectors; sectors;

• ensuring that ensuring that the the health health and and safety safety enforcement enforcement activities activities of of the the MCA MCA and and HSE in HSE in relation relation to to work activities at work activities at the the water margin and water margin and offshore offshore are are consistent, co-ordinated and, consistent, co-ordinated and, wherever possible, comprehensive; wherever possible, comprehensive;

• avoiding so avoiding so far far as as is is possible possible conflicting conflicting requirements requirements being being put put on on dock dock operators, ships' operators, ships' masters, masters, offshore offshore duty-holders, other employers duty-holders, other employers or or people people in in control of control of or or at at work, thus minimising work, thus minimising thethe burden burden on on industry, industry, particularly particularly where there is where there is overlapping overlapping legislation; legislation;

• avoiding the avoiding the duplication duplication of of activity activity where legislation empowering where legislation empowering HSE,HSE, MCAMCA and MAIB and MAIB overlaps, overlaps, by by facilitating facilitating co-operation co-operation in in all all aspects aspects ofof policy policy development (e.g. development (e.g. agreeing agreeing thethe principles principles ofof who who will lead for will lead for enforcement enforcement and/or safety and/or safety investigation investigation activities activities under under different different scenarios, including scenarios, including domestic and domestic and international international representation representation at at meetings) meetings) and and operational operational implementation (e.g. implementation (e.g. ensuring ensuring effective effective and and efficient efficient prosecution prosecution ofof offences offences by adopting by adopting aa co-ordinated co-ordinated approach); approach); • collective planning collective planning and and co-operation co-operation to to ensure ensure that that proportionate proportionate andand effective effective regimes are regimes are in in place place toto support support emerging emerging energy energy technologies technologies (e.g. (e.g. offshore offshore renewable energy renewable energy structures structures andand floating floating storage storage andand regasification regasification units); units); • sharing statistical sharing statistical data data and and analysis analysis relating relating to to trends trends and and performance, performance, and and initiating research initiating research ifif appropriate; appropriate; andand • establishing clear establishing clear lines lines of of communication communication for for HSE, HSE, MCAMCA andand MAIB MAIB staff, thus staff, thus providing mutual providing mutual assistance assistance and and support support for for all all parties parties concerned concerned to to carry carry out out their respective their respective responsibilities. responsibilities.

5. FUNDING 5. FUNDING AND AND COST COST RECOVERY RECOVERY

5.1 Organisations will 5.1 Organisations generally bear will generally bear their their own own costs costs when contributing to when contributing to activities activities directly connected directly connected with this MOU, with this MOU, unless unless alternative alternative arrangements arrangements for for specific specific areas areas // projects projects are are agreed agreed on on in in advance. advance. When When there there are are specific specific requests requests for for additional additional work (e.g. for work (e.g. for research, research, technical technical assessments assessments or or secondments), appropriate cost secondments), appropriate cost recovery or recovery or funding funding arrangements arrangements will be put will be put in in place. place.

6. REVIEW 6. REVIEW OF OF THIS THIS MOU MOU

6.1 The MOU 6.1 The MOU will be reviewed will be reviewed every every three three years, unless terminated years, unless terminated sooner sooner or or extended by extended by collective collective written agreement. written agreement.

SIGNED SIGNED

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Sarah Alban Sarah Albon Brian Johnson Brian Johnson Captain Andrew Captain Andrew Moll Moll Chief Executive Chief Executive Chief Executive Chief Executive Chief Inspector Chief Inspector of of Marine Marine Health and Health and Safety Safety Maritime and Maritime and Coastguard Coastguard Accidents Accidents Executive Marine Accident Marine Accident Executive Agency Agency Investigation Branch Investigation Branch Department for Department for Transport Transport

FINAL

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