TSB Recommendation M01-03

The Minister agrees with the recommendation.

PRE-DEPARTURE BRIEFINGS

On May 17, 2001, regulations amending the Life Saving Equipment Regulations came into force that allowed passenger vessels under 25m in length to provide pre-departure safety briefings in lieu of posting a Life Saving Equipment Plan. Further amendments are currently being processed that will require pre-departure safety briefings, in a format approved by Transport Canada, on all Canadian passenger vessels. It is anticipated that these amendments will come into force by January 2002.

VESSELS TO BE EQUIPPED WITH A DEPLOYABLE LIFE RAFT

Amendments to the Life Saving Equipment Regulations are currently being processed that will require that all vessels under 25m in length which carry life rafts, have life rafts that float free in the event of the vessel sinking. It is anticipated that these amendments will come into force by January 2002. As an interim measure Transport Canada issued Ship Safety Bulletin #03/2001, on April 25, 2001, recommending that all vessels have float free arrangements for their life rafts. A copy of the bulletin is attached.

ACCESSIBLITY OF LIFESAVING EQUIPMENT

Transport Canada will bring forward amendments to the Life Saving Equipment Regulations to explicitly require the stowage of lifesaving equipment so that it is readily accessible. As an interim measure, a Ship Safety Bulletin, scheduled to be issued in August 2001, will raise the awareness and the importance of storing lifesaving equipment for rapid deployment. A copy of the bulletin will be forwarded to TSB once it has been completed.

EMERGENCY RADIO COMMUNICATIONS

Radio communication requirements for commercial vessels, including means of distress alerting, were reviewed during the development of the recent revision to the Ship Station (Radio) Regulations, 1999. In light of this occurrence, Transport Canada will initiate a further review over the next year and re-evaluate the need for more effective distress alerting capabilities on small passenger vessels. The review will consist of a rigorous risk management process that will include stakeholder consultation, risk assessment, cost-benefit analysis and the selection of appropriate prevention and control strategies. The results of this review will be reported publicly and forwarded to the Transportation Safety Board.

Pre-departure safety briefings:

The response indicated agreement with the recommendation M01-03. Transport Canada amended the Life Saving Equipment Regulations on May 17, 2001, that allowed passenger vessels under 25 m in length to make an 'announcement' if it is impracticable because of the size or design of the vessel to display the life saving equipment plan. The announcement specifies the location of lifejackets and survival craft and, in each area of the vessel, informs passengers in that area of the location of lifejackets and survival craft that is closest to them. There is no requirement for a pre-departure briefing if the lifesaving equipment plan is displayed and no requirement to demonstrate to passengers the use of safety equipment. Further amendments are currently being processed that will require "pre-departure safety briefings, in a format approved by Transport Canada on all Canadian passenger vessels." Although the amendments to the regulations result in the provision of some safety information to passengers on vessels of less than 25m, the staff is not convinced that the scope and depth of the 'announcement', and the absence of the life saving equipment plan, is sufficient to adequately prepare the passengers for realistic emergency situations.

Transport Canada has also proposed amendments to the Small Vessel Regulations which will require safety briefings respecting the safety and emergency procedures that are relevant to the vessel. The safety briefing is to be conducted before the vessel leaves any place where passengers embark. The safety briefing will include the location of lifejackets and survival craft, and the location and use of personal protection equipment, boat safety equipment and distress equipment. The briefing will also require demonstrating how to put on each type of lifejacket carried on board the vessel. The Small Vessel Regulations apply to vessels that are less than 5 tons and which do not carry more than 12 passengers.

Readily deployable liferafts:

Amendments to the Life Saving Equipment Regulations, which are expected to come into force by January 2002, will require that vessels under 25 m in length which carry liferafts, have liferafts that float free in the event of the vessel sinking. As an interim measure Transport Canada issued Ship Safety Bulletin #03/2001, recommending that vessels have float free arrangements for their liferafts. However, passenger vessels that are five gross tons or under and are certified to carry 12 passengers or fewer are not subject to the Life Saving Equipment Regulations and are not required to carry a liferaft or to stow their liferafts, if they are on board, so as to float free if the vessel sinks.

Transport Canada will also bring forward amendments to the Life Saving Equipment Regulations to explicitly require the stowage of lifesaving equipment so that it is readily accessible. As an interim measure, a Ship Safety Bulletin will be issued on the importance of storing lifesaving equipment for rapid deployment.

A review of the Ship Safety Bulletin mailing list, however, shows that none of the tour operators operating in the Tobermory area are receiving the bulletins. The mailing list shows a total of 334 individual and company shipowners, pilotage authorities and other commercial marine associations and organizations for all of Canada. It would therefore appear that the response of issuing a Ship Safety Bulletin will not necessarily reach all those persons or organizations that have an interest, or indeed, should take safety action.

Emergency Communications:

Transport Canada will initiate a further review over the next year and re-evaluate the need for more effective distress alerting capabilities on small passenger vessels. The review will consist of a risk management process that will include stakeholder consultation, risk assessment, cost-benefit analysis and the selection of appropriate prevention and control strategies. The results of this review will be reported publicly and forwarded to the Transportation Safety Board. The recommendation does not call for a 'review to evaluate the need' for means to immediately alert others of an emergency situation.

The staff therefore considers that the Department of Transport has taken steps to require consistent pre-departure safety briefings as recommended, intends to require some but not all of the small passengers vessels to have their liferafts stowed so as to float free, and since there is no indication to require small vessels to have the means to immediately alert others of an emergency situation, the response to recommendation M01-03 in the context of emergency preparedness and survivability is considered Satisfactory Intent.

LSE Regulations have been amended to require: vessels under 25 m in length which carry life rafts, have life rafts that float free in the event of the vessel sinking; stowage of lifesaving equipment so that it is readily accessible. An update on the Marine Distress Alerting Risk Assessment Study was presented at the November 2003 national CMACmeeting. An analysis was done to estimate the impact distress alerting equipment might have had on past fatalities. The project is expected to be completed before May 2004.

No substantial change to address the safety deficiency since the last reassessment.

Amendments to regulations require all passenger vessels to provide a safety briefing/announcement.

Life Saving Equipment Regulations have been amended to require: vessels under 25 m in length which carry life rafts, have life rafts that float free in the event of the vessel sinking; stowage of lifesaving equipment so that it is readily accessible. TC now intends to pursue provisions that all liferafts carried on passenger vessels float free in the event of sinking.

An update on the Marine Distress Alerting Risk Assessment Study was presented at the November 2003 national CMACmeeting. An analysis was done to estimate the impact distress alerting equipment might have had on past fatalities. The preliminary findings were presented at the November 2004 national CMACmeeting. It is anticipated the project will be completed and a decision on distress alerting capabilities will be made by the end of 2005. If fully implemented, the proposed action will substantially reduce the risks associated with emergencies.

No substantial change to address the safety deficiency since the last reassessment.

TC's update, dated November 2006, indicated that it has finalized its report on the Marine Distress Alerting Risk Assessment and it will be presented to the Marine Safety Executive Committee of Marine Safety. Based on the report and the consideration by MSE, TSB will be informed of Marine Safety's action.

TC's update indicated that its Distress Alerting Risk Assessment study to evaluate the need for more effective distress altering capabilities on small commercial vessels has been completed, and that the study will be considered by senior management. The update provided no information regarding TC's stated intention to pursue provisions that all liferafts on passenger vessels float free in the event of sinking. There continues to be no requirement for passenger vessels five gross tons or less and certified to carry 12 passengers or less to carry or stow their liferafts, if carried on board, so as to float free if the vessel sinks.

Therefore, the assessment remains at Satisfactory Intent.

TC's update, dated June 2008, indicated that a review of the distress alerting capabilities of small commercial vessels identified certain scenarios where the level of risk was deemed unacceptable. The review recognizes the numerous training and awareness initiatives underway, which could mitigate existing risk levels. TC will pursue a precautionary approach to address the level of risk and has recommended additional EPIRB carriage requirements in consultations to amend the Navigation Safety Regulations. Pre-publication in Part I of the Canada Gazette anticipated in spring 2010.

If fully implemented, the adoption of a precautionary approach and consideration of additional carriage requirements for distress alerting capabilities based on a level of risk will substantially reduce the risk associated with inadequate emergency communications.

Small passenger vessels are required to provide a safety briefing or announcement before the vessel leaves a place where passengers embark. However, there continues to be no requirement for passenger vessels five gross tons or less and certified to carry 12 passengers or less to carry or stow their liferafts, if carried on board, so as to float free if the vessel sinks.

Therefore, the assessment of the response remains Satisfactory Intent.

TC's update, dated December 2009, indicated that a review of the distress alerting capabilities of small commercial vessels identified certain scenarios where the level of risk was deemed unacceptable. The review recognizes the numerous training and awareness initiatives underway, which could mitigate existing risk levels.

TC will recommend additional EPIRB carriage requirements in consultations to amend the Navigation Safety Regulations. At this time, there is no anticipated pre-publication date for Canada Gazette, Part I.

Small passenger vessels are required to provide a safety briefing or announcement before the vessel leaves a place where passengers embark. The Life Saving Equipment Regulations currently require float free liferafts on passenger vessels. If fully implemented, the adoption of a precautionary approach and consideration of additional carriage requirements for distress alerting capabilities based on a level of risk will substantially reduce the risk associated with inadequate emergency communications.

Therefore, the assessment of the response remains at Satisfactory Intent.