Missing, presumed lost


In this situation, a complete search of the ship (from stem to stern) should be carried out by the crew. The missing crewmember’s quarters should be inspected and his belongings logged. A missing crewmember is not necessarily a man overboard situation, but that should always be considered.


When a ship is in port or at anchorage, a missing crewmember may have deserted. A thorough search of the crewman’s quarters can provide valuable insight into the circumstances of the disappearance. For example, has he left behind his passport, wallet, correspondence (hand-written or electronic) or seaman’s book?


Absent evidence to the contrary, a crewmember who goes missing in port will likely be presumed a deserter rather than a man overboard. Accordingly, the local customs and immigration authorities should be notified of the disappearance, as well as the maritime authorities.


When a crewmember goes missing on the high seas, it may also become necessary to contact law enforcement for the flag state at the ship’s next port of call, in addition to the maritime authorities, since there may be criminal implications associated with the disappearance.


Witnessed but not recovered


When a crewmember is lost overboard and rescue or recovery efforts fail, the ship is confronted with challenges which are different than the other types of man overboard situations. First, the crew must follow through with the man overboard protocols. Next, law enforcement and maritime authorities should be notified. But then what? There is no question the crewman went overboard and was lost at sea, but the lack of a body creates numerous administrative problems.


The P&I correspondent in the seaman’s home country should be consulted to provide guidance and advice regarding requirements for issuance of a death certificate and determining what benefits, if any, are due to the crewmember’s next of kin. The process of obtaining a death certificate without any remains can be difficult, depending on the local laws.


Assistance of the local P&I correspondent can be crucial. To assist the correspondent, the following


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documents should be provided:


• Contract of employment, including CBA, if any; • Pre-Employment Medical Examination (PEME) Report;


• Seaman's application form; • Service record;


• Incident report and vessel documents and correspondents concerning the incident;


• Statement of final wages on board;


• Seaman's book including pages showing date/ port of embarkation and disembarkation;


• Passport;


• Other documents that may be relevant to the incident.


Subsequent recovery of remains


It sometimes happens that the remains of a crew- member who was lost overboard are discovered at a later time. In this situation, the assistance of the P&I correspondent in the crewmember’s home country and in the country where the remains are discovered is crucial. The remains must be identified, which may be complicated by the extent of decomposition. A personal identification by the next of kin may be required by local authorities.


The next of kin tasked with attending the personal identification may face immigration problems. Identification of remains may also require dental records or a DNA sample from a relative. Once the identification is made and the body is released, the steps outlined above for repatriating the remains should be taken. If the remains are severely decomposed and cannot be embalmed for transport, cremation may be necessary. This can be devastating for family members, depending on religious or local customs.


Conclusion


A man overboard situation presents unique challenges and repercussions. Regular drills on the man over- board protocol are critical. Review of the ship’s systems to ensure all relevant documents and records are preserved is also of paramount importance. In the chaos and confusion, preparedness is the key.


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