The “Midshipman X” case continues to have penalties and a brand new USCG Marine Safety Information Bulletin on “Reporting Sexual Misconduct on U.S. Vessels” is getting very critical consideration from U.S.-flag operators. Superceding an earlier MSIB, it says that latest modifications to the regulation now require the accountable entity of a vessel, outlined because the proprietor, grasp, or managing operator, to report back to the Coast Guard any grievance or incident of harassment, sexual harassment, or sexual assault that violates firm coverage.
“To help facilitate reporting,” says the MSIB, the Coast Guard has consolidated reporting for every type of sexual misconduct and established a number of reporting choices as detailed within the hooked up graphic. The reporting choices embody a CGIS Tips App, and/or the e-mail tackle CGISTIPS@uscg.mil which can be utilized by all reporting sources, together with bystanders and survivors, who’ve entry to a wise telephone or the web. The studies, which will be nameless or for attribution, are acquired and reviewed by the Coast Guard Investigative Service (CGIS). An investigation might be initiated for all studies acquired and somebody will present follow-up communications with all reporting sources who present contact info. The Coast Guard additionally maintains a 24/7 watch, which might discipline studies of sexual misconduct by way of the National Command Center (NCC) telephone quantity at 202-372-2100. CGIS will leverage all out there sources to right away provoke a prison investigation for a sexual crime occurring on a U.S. flagged vessel wherever on this planet. The Coast Guard will reply to any studies of sexual misconduct with educated investigators and can maintain offenders accountable via prison prosecution and/or actions in opposition to U.S. Coast Guard issued service provider mariner credentials (MMCs).”
USCGIS prison investigations are to not be taken frivolously and we are able to count on firms to take a really laborious take a look at their insurance policies on harassment and sexual misconduct and at how they’re understood on board their vessels.
One business affiliation working laborious on this challenge is the American Waterways Operators.
In a letter to members, Clark Todd, Chairman of the Board of AWO and President and CEO of Blessey Marine Services notes that the MSIB implements laws handed by Congress on the finish of final yr with overwhelming bipartisan assist.
“AWO staff and members worked very hard to educate Members of Congress during the development of this legislation to ensure it would be both effective in fostering safe and harassment-free workplaces and practicable for vessel operators to implement,” he writes. “The last outcome, whereas not good, was a major enchancment over early drafts. The laws contains provisions supposed to enhance the Coast Guard’s capacity to take motion in opposition to alleged offenders along with a requirement for the entity answerable for a vessel to report back to the Coast Guard complaints or incidents of harassment, sexual harassment, or sexual assault in violation of firm coverage of which it’s made conscious. MSIB 1-23 implements this statutory mandate.
“AWO is engaged in advocacy at the highest levels of the Coast Guard to help the agency implement the law in a practicable way. The AWO Executive Committee has been involved in those discussions. AWO is also engaging with Congress to explore opportunities to clarify legislative intent. In the meantime, we have convened AWO’s Counsels Working Group, together with human resources subject matter experts, to develop common industry definitions and sample policies and procedures that members can use as tools to promote safe and harassment-free workplaces and comply with the law that is on the books today.”
