So, what are the contributing causes to this particular incident? The debate among industry experts continues depending on who wants to know the answers; the underwriters, lawyers, health and safety professionals, or those who suffered from commercial and/or reputational loss. The unprecedented slow down and bottlenecking of maritime trade has raised concerns and worry around the world about legitimate and quick recovery of their respective losses. We request professionals involved in this case to spare a thought for the Master and crew of the vessel.
The Indian Seafarer’s Association has expressed their concerns and solidarity for the seafarers. They have written to the Director General of Shipping urging him to look into the matter and ensure their safety.²
To put forth simply the quantum of responsibility on the Master’s shoulders is unimaginable. Try to think of any other professional position where a single act (or lack of) by a single person has the potential to bring the world’s supply chain to a grinding halt.
Make no mistake, even prematurely, the entire responsibility of any maritime incident now remains within the Master’s domain, irrespective of whether he/she is at fault, or otherwise. This is further compounded by the possibilities of prosecution, persecution and likely arrest, or at the least necessitating the Master to be away from his family and familiar surroundings for extended periods of time in foreign and often alien places, sometimes stretching to years as we have seen in the recent past of similar ‘commercial’ losses.
Historically, the international maritime community has approached maritime safety and investigation from a predominantly factual and technical perspective, with conventional wisdom applied to engineering and technological solutions to promote an outcome. However, in recent years maritime casualty investigations have evolved in their approach to recognize and address the role of human factors to a large degree, and to address their contributions to maritime casualties. Some question the fairness of this, as we do. But the
legal minds amongst us have their own argument about due diligence and ultimate responsibility.
Most cases are won considering the major factor being “human error” leaving the door wide open for corrective measures. This methodology encompasses aspects of competence, culture, experience, fatigue, health, situation awareness, stress and working conditions being assessed, and often provides objective and productive outcomes from maritime incident investigations. This then ends up in the apportionment of blame.
Having said that, the
counterproductive factor in this, broadly speaking, categorizes human factors as acts of omission, intentional malefice or otherwise, negligence and errors in judgements. These categorizations greatly affect the Master’s morale and can result in judgements being made and passed on his and the navigating officer’s competence and to a large extent, the safety culture.
Captain L.K. Panda, having had the privilege of being the Chief Examiner and Nautical Adviser to the Government of India says as his concluding comments, “I am of
2 | Reported via
www.marineinsight.com
Photo Attribution: SCA/via REUTERS File source:
https://bit.ly/3ehQWUs
File source:
https://bit.ly/3h73nEv 102 | The Report • June 2021 • Issue 96
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