Prepared By: The Harbour Master, with Nicholsons Risk Management Ltd

Issue: No 8 Dated: 1 January 2015

THE COMMISSIONERS

Belinda Walters (Chairman)

Clive Mullins (Vice-Chairman)

Mike Cowan

Tim Francis

Jessica Hart-Garbett

James Howe

Miles Peckham

Chris Smith

Tim Adams (Chief Executive and Harbour Master)

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THE YARMOUTH (ISLE OF WIGHT) HARBOUR COMMISSIONERS

SAFETY MANAGEMENT SYSTEM - IN COMPLIANCE WITH THE PORT MARINE SAFETY CODE

SUMMARY AND INDEX

Page No

Introduction

Yarmouth Harbour Board’s constitution, powers and procedures comply with the Port Marine Safety Code (PMSC). This document describes how the Yarmouth Harbour Commissioners have a Safety Management System comprising the seven essential elements of policy, organisation, plan, measure, review, record and improve.

2 – 3

Outline Chart of Safety Management System 4

Purpose: To have a Safety Management System that is structured, cohesive and auditable.

1 Policy

Adopting health and safety policies which contribute to business performance while meeting responsibilities to people and the environment in a way which fulfils both the spirit and the letter of the law

5 – 7

2 Organisation

2.1 Establishing a positive organisation or culture which puts the policies into effective practice

8

2.2 Organisation Chart, ‘Family Tree’ 9

2.3 Training will also be an inherent part of the organisation 10

3 Planning

3.1 Chart of Planning System, for planning, implementation, standards and procedures 11

3.2 Consultation with Harbour Users 12

3.3 Assessing risk and then adopting a planned and systematic approach to policy implementation. Risk Assessments are the key for judging what safety plans are needed

13 – 14

3.4 Risk Assessments Appendix 1

Standard Safe Operating Procedures Appendix 2

3.5 Management and Control of Significant Risks 15

3.6.1 Emergency Plans 16

3.6.2 Conservancy 17

3.6.3 Environment 18

3.6.4 Management of Navigation 19

3.6.5 Pilotage 20

3.6.6 Marine Services 21

4 Measuring

Measuring health and safety performance against predetermined standards 22

5 Reviewing

Auditing, monitoring and reviewing the performance so that lessons are learned from all the relevant experience and are effectively applied

Training and education are implicit as part of good safety management

23

6 Recording what has been done

Maintaining a record of due diligence

Publishing the Safety Management System

24

7 Continuous Improvement 25

Document Control and Definitions Appendix 3

The Commissioners are responsible for policy. The Harbour Master is responsible for the organisation and the facilities. The employees implement the policy. Together these three categories form the system that effectively puts policy into practice.

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THE YARMOUTH HARBOUR SAFETY MANAGEMENT SYSTEM

INTRODUCTION

BACKGROUND

The Port Marine Safety Code (PMSC) was published in March 2000, then revised by the Department for Transport (DfT) in 2009 and 2012. It aims to establish an agreed national standard for port marine safety and a measure by which harbour authorities can be held accountable for the legal powers and duties which they have to run their harbours safely.

YARMOUTH HARBOUR COMMISSIONERS

Yarmouth Harbour is a Trust port established by an Act of Parliament in 1931. The Yarmouth Harbour Commissioners are a Statutory Harbour Authority and their jurisdiction extends from the Causeway at Freshwater to the seaward limits as described in the 1996 Harbour Revision Order. The terms of reference of the Yarmouth Harbour Commissioners are to administer Yarmouth Harbour in accordance with the 1931 Act and the principles of governance promoted in Modernising Trust Ports – A Guide to Good Governance (DfT 2013). The 1931 Act incorporates certain sections of the 1847 Harbours, Docks and Piers Clauses Act that give the Harbour Master statutory powers concerning the management of the Harbour. Additionally, the 1931 Act empowers the Commissioners to fix rates at the level required to meet their statutory obligations. Yarmouth Harbour Commissioners (YHC) is a Competent Harbour Authority (CHA) under the Pilotage Act, 1987. The Harbour Revision Order of 30 June 2011 replaced the previous Byelaws with powers of General Direction. The Harbour Commissioners have a duty of care to ensure the safety of their employees and all who are affected by their activities through effective management of the organisation and the Harbour. To honour this duty two overlapping management policies have been combined into this single Safety Management System, reflecting both the requirements of the Health and Safety at Work Act and their associated regulations, and the PMSC issues of the Harbour and their approaches, Harbour users, the public and the environment. A Harbour Revision Order has been granted to Yarmouth Harbour Commissioners allowing powers of General and Special Direction.

MISSION STATEMENT

“The Commissioners will maintain and enhance Yarmouth Harbour as a viable Port bringing trade and tourism to the Island, and in particular the West Wight area, whilst preserving the character and charm of the surrounding environment and ensuring the long-term future of the Harbour and Estuary.” In the pursuit of these aims YHC will:

take into account changing trends in the market and the need to manage the Harbour to achieve funding for future development;

implement a maintenance regime to follow the recommendations of YHC’s engineers;

explore options to develop YHC property in furtherance of the mission statement;

enforce the rules and regulations applicable to the Harbour;

develop a coordinated 10 year plan for all areas in and around the Harbour estuary; continue to improve the financial stability of the Harbour and build up reserves;

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undertake and regulate marine operations so as to safeguard the Harbour, its users, the public and the environment;

run a safe, efficient, cost-effective and sustainable Harbour operation for the benefit of all users and the wider community;

fulfill legal responsibilities while meeting the changing needs of Harbour users;

maximise the quality and value for money of their services, and to maintain dues at a competitive level (but commensurate with maintaining sufficient funds to meet its statutory objectives) so as to attract users to the Harbour;

meet or exceed the standards required by the Port Marine Safety Code and safety law;

seek continuous improvement.

MANAGING YARMOUTH HARBOUR - THE SAFETY MANAGEMENT SYSTEM

The Yarmouth Harbour Commissioners are a safety conscious and a publicly accountable body. They are committed to undertake and regulate marine operations in a way that safeguards the Harbour, their users, the public and the environment. Members of the Yarmouth Harbour Commissioners are, jointly, the Duty Holder in accordance with the PMSC. They are collectively and individually responsible and they cannot assign or delegate their accountability for compliance with the Code on the grounds they do not have particular skills. The Commissioners have an established Safety Management System, the components of which are shown diagrammatically on Page 4. The safety procedures that form the plan to implement the safety management system are on Page 11. Management of these safety controls and procedures are set out in existing public documents which together form a cohesive web of management. As appropriate, relevant sections of these documents are cross-referenced to PMSC standards:

The Pier and Harbour Order (Yarmouth) Confirmation Act 1931 and supplementary legislation

Harbour Revision Order 2012

Local Notices to Mariners and Harbour Publications, such as the Yarmouth Harbour Visitors Guide

Yarmouth Harbour Emergency Plan

Yarmouth Harbour Oil Spill Response Plan

Yarmouth Harbour Waste Management Plan, February 2007

The YHC Strategy To Maintain and Improve Yarmouth Harbour over the Medium and Long Term

Admiralty Charts AC 2021 and 2040

Yarmouth Harbour Health & Safety Management System, Policy and Risk Assessments (2013)

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OUTLINE CHART OF SAFETY MANAGEMENT SYSTEM

Reviewing RecordingPlanning Measuring

Publish Board Staf f Guide Web

Organisat ion

Health & SafetyPolicy

CompetentStaf f

DesignatedPerson

HarbourBoard

Recordaccidents &incidents

Review & Report toY H B

H & S File

Inspect ionsRisk Cont rols

Safey AuditSee detailed

plan forimplement ingstandards and

procedures

Induct ionInternalTraining

Records ofHarbourIncidents

Accident BookRIDDOR

.Cont inuousImprovement

ExternalTraining

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1 SAFETY POLICY - SETTING A STANDARD

YARMOUTH HARBOUR COMMISSIONERS’ POLICY

Yarmouth Harbour Commissioners are committed to provide a safe port within the limits of their jurisdiction, which is open to the public for the transportation of passengers and goods. They will ensure the safety of their Harbour by exercising their statutory conservancy functions to a high standard. Existing powers shall be reviewed on a periodic basis to avoid a failure in discharging duties or risk exceeding powers. They will regulate the use of the Harbour by maintaining the necessary General Directions, in this way ensuring that these and other statutory regulations are enforced. YHC will plan, implement and maintain an active marine safety management system in accordance with the organisation’s policy and procedures. YHC will ensure that these are fully supported with:

such marine services as are required for the safe use of their Harbour, available and maintained and operated to a high standard;

sufficient resources in terms of money, time, personnel, training and facilities; Harbour plans to deal with emergency situations, with the resources required to implement these plans

fully maintained and exercised; powers used to protect the environment within the Harbour and its surroundings. The choice of work

methods will give special regard to any impact on the environment. The Policy incorporates input from Commissioners, from management, from employees and from Harbour users as high standards of safety can only be achieved through dialogue and co-operation. Safety is a mutual objective for management, employees and Harbour users. Plans and reports shall also be published as a means of improving the transparency and accountability of Harbour authorities, as well as providing reassurance to the users of port facilities. The Commissioners are committed to:

regulate traffic within the Harbour and to facilitate safe movement of vessels and craft into, out of and within the Harbour;

ensure that the best channels for navigation are determined, marked and monitored; monitor lights and marks used for navigation within their jurisdiction; provide hydrographic surveys of the Harbour when required for the maintenance of up-to-date charts,

including diagrammatic charts of all mooring areas; have an effective system for promulgating navigation warnings affecting the Harbour; consider the effect of weather on Harbour safety and the availability of local forecasts; consider the effects on Harbour safety of proposed changes in use or Harbour works; license and control moorings and anchorages within Harbour limits; provide suitable resources to deliver effective marine services such as the provision of Harbour patrol

craft; operate efficiently and safely the Harbour workshops, machinery, plant, equipment, Harbour vessels,

mooring buoys and pontoons; ensure that suitable plans for emergency situations are maintained and regularly updated and exercised; make a suitable and sufficient assessment of the risks to the health and safety of employees to which they

are exposed whilst they are at work, and risks to others affected by the organisation’s activities; see that the all the necessary controls are in place to keep risk is as low as is reasonably practicable; identify the measures needed to develop, implement and maintain safe work methods; maintain equipment so that the risks in their use are also as low as reasonably practical;

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provide employees with adequate information, instruction, training, supervision and personal protective equipment to ensure that they are competent and capable enough at their jobs to avoid risks. This includes ensuring employees are fully trained in emergency and contingency procedures;

measure performance against targets, after building a database recording incidents, including near misses as well as reporting applicable incidents under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). To recognise potential dangers and the means of avoiding them. To measure and monitor performance proactively as well as reactively, so as to keep the duties and powers under review;

regularly engage and consult with employees on day-to-day health and safety conditions and provide advice and supervision on occupational health through sub-committee health and safety meetings, employee meetings and regular informal contact with employees;

have the Health and Safety Management System externally audited on an annual basis.

All employees and contractors have a duty to:

take reasonable care regarding their own health and safety and that of other employees and Harbour users who may be affected by their acts or omissions;

comply with all Harbour safety procedures laid down by Yarmouth Harbour Commissioners; report hazard, risk, accident, incident or near miss to the Harbour Master.

Harbour users operating both commercially and for pleasure are responsible for:

their own health and safety and that of other Harbour users insofar as they may be affected by their acts or omissions;

complying with directions and other regulations aimed at ensuring the safe use of the Harbour.

HEALTH AND SAFETY MANAGEMENT SYSTEM

The Yarmouth Harbour Commissioners have adopted a health and safety management system in compliance with the principles set out by the Port Marine Safety Code and by the Health and Safety Executive (HSE). The health and safety management system includes policies for emergency plans, conservancy, environment, management of navigation, pilotage and marine services.

NOMINATED HARBOUR SAFETY OFFICER

The Harbour Master is the Safety Officer and has overall responsibility to the Commissioners for the management of health and safety. He will provide a positive lead in organising health and safety activities using available knowledge and methods, and for providing resources necessary to achieve required standards. The Harbour Master will also co-ordinate investigations into accidents and dangerous occurrences and recommend remedial action where required. The Deputy Harbour Master will act as the Deputy Safety Officer and has specific responsibilities for safety in the Harbour and its approaches.

EMERGENCIES IN THE HARBOUR

Emergencies afloat where life is in danger must be notified at once to the Coastguard by dialling 999 or through VHF channel 16. Other emergencies should be notified to the duty Harbour Master by the quickest available means.

The Isle of Wight Emergency Health Line is on - 111

The nearest hospital is St Mary’s Hospital, Newport - 01983 524081

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REPORTING OF ACCIDENTS INCIDENTS AND NEAR MISSES

The public are asked to bring matters of safety - all accidents, incidents and near misses - promptly to the attention of the Harbour Master at the Harbour Office, telephone +44 (0)1983 760321. Belinda Walters/Chairman - Yarmouth Harbour Commissioners December 2014

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2 ORGANISATION

THE ORGANISATION RESPONSIBILITIES AND STRUCTURE

RESPONSIBILITY

Ultimate responsibility for safety rests with the Harbour Commissioners, the Duty Holder.

ORGANISATION OF RESOURCES

The Harbour Commissioners have committed to provide resources essential to the implementation, control and improvement the Safety Management Systems. Such resources include human resources, specialised skills, sources of guidance and advice, technology and financial resources. The organisation of the Harbour employees is shown in the Organisation Plan on Page 9. The delegation of responsibility to employees is contained in the detailed file of individual job descriptions, with safety and other responsibilities, and in the Training database.

DESIGNATED PERSON

The Designated Person as described in the PMSC is Nicholsons Risk Management Limited. The Designated Person has direct access to the Harbour Commissioners.

RECRUITMENT

YHC and the Harbour Master recruit suitably qualified staff to fill the roles set out in the following Organisation Plan.

COMPETENCE STANDARDS

YHC shall assess the fitness and competence of all persons appointed to positions with responsibility for safe navigation. Employees of the Harbour are recruited and selected on their suitability to fill their job descriptions. Employees are appraised annually and, at that time, their job description, performance and training requirements are reviewed. Reports on Harbour Office employees are held in confidential personnel files in the Harbour Office. There is a procedure for formal appraisal of subcontractors to be approved.

RECORDS

Any decisions taken or policy set must take into account any issues related to Harbour safety. The consideration of such issues is to be minuted.

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2.2 YARMOUTH HARBOUR COMMISSIONERS ORGANISATION PLAN

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2.3 TRAINING POLICY

It is recognised that the successful implementation of the Harbour’s Safety Management System can only be achieved through a policy of continuous training, with regular reviews of specific training requirements. The training policy is to undertake training where appropriate for all members of staff in order to provide the services required by the Commissioners, so that personnel shall be competent to perform tasks that may impact on safety in the workplace and to meet the required standards.

TRAINING, AWARENESS AND COMPETENCE

Employees will not be permitted to undertake certain tasks, such as the use of workshop machinery or using a patrol boat, unless they are adequately trained. All permanent members of staff working afloat have undertaken and qualified as a minimum for the RYA Powerboat Level II. Employees are to be suitably trained to be competent and qualified up to any minimum national standard that might be set to fulfil their roles within the organisation. The organisation has established and will maintain its procedure to ensure that its employees working at each relevant function and level are aware of the importance of conformance to the Safety Management Policy and its associated Management System. Competence shall be defined in terms of appropriate education, instruction, training and experience.

Members of staff are trained both internally and externally to achieve the required level of competence. The scope of training includes, as appropriate: certificated training, induction training, refresher training, instruction, the provision of information and briefings. The importance of “on the job” training in the workplace should not be underestimated as it forms an invaluable part of the overall training requirement.

It is vital that new members of staff are promptly qualified in those areas where deficiencies are recognised. There will be induction training for new and for seasonal employees prior to commencing their duties, in line with the requirements of the Port Marine Safety Code.

The main training profile for the Harbour Commissioners is to ensure that all members of staff are qualified to operate all the Harbour launches and the many items of equipment used in the daily operation of the Harbour. This includes the re-validation of these qualifications where necessary. Training is seen as continuous to meet the ever-increasing demands made on YHC.

Records of training will show clearly the type and the date of training received and a schedule of future training requirements.

Regular employee meetings are held to ensure good communications and quality, both in service and in delivering health and safety.

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3 PLANNING

3.1 THE PLAN OF THE VARIOUS PROCEDURES FOR PUTTING THE POLICY INTO PRACTICE

.

Pla nn in g

Co ns u lt at io n

Em e r g en c y Pla n s Co ns e r v a n c yEn v ir o n m e n t M an a g em e n t o f

Na v ig a t ionPilo t a g e M ar in e Se r v ic e s

G en e r al O il

Fir e Pla n Hy dr o g r a p h y Ad m ir a lt y Ch ar t sBu oy a g e &

Na v ig a t ion a id sPr ev a ilin g Co nd it io ns

An c h o r ag e s

By ela ws

En v ir o n m e n t alM an a g em e n t Pla n

W or k b oa t s Div ing Dr ed g in g Sa lv a g e Fu el

Ris k As s e s s m e n t

Pa t r o ls

L NR, SSI , SPA & SAC

Ev en t sM oo r in gs

.

Ed uc a t ion

To wa g e

Dir ec t io ns & G u id an c e

.

M CA Reg u la t ion

.

l

l

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3.2 CONSULTATION

Consultation and Communication: Consultation is a continuous and wide-ranging process. It includes meetings with all users.

COMMISSIONERS

The appointment of individual Commissioners sees that varying backgrounds and skills are represented on the Harbour board.

PORT MARINE SAFETY CODE CONSULTATION

The main vehicle for consultation with Harbour users, in line with the Guide to Good Governance, is the Yarmouth Harbour Advisory Committee. The Advisory Committee is made up of the following representatives:

Yarmouth Business Association

British Marine Federation (Isle of Wight)

Estuaries Officer

Wightlink (Isle of Wight) Ferries

Royal Yachting Association

Royal Solent Yacht Club

Yarmouth Sailing Club

Yarmouth Fishermen’s Association

Isle of Wight Council

Freshwater Parish Council

Totland Parish Council

Yarmouth Town Council

The Country Land and Business Association (CLA)

The Commissioners also hold public meetings every year – the AGM and two informal meetings.

EMPLOYEE CONSULTATION

YHC sees that pertinent safety information is communicated to and from employees, visitors and other interested parties. The Harbour acknowledges the importance of employee involvement in health and safety matters. Because the Harbour Authority workforce team is small, it is practical and desirable for all employees to be able to contribute to the Health & Safety Committee which deals with Harbour safety as well as general health and safety issues. It is the management’s responsibility to take executive action and to have adequate arrangements for regular and effective checking of health and safety precautions and for ensuring that the declared health and safety policy is being fulfilled. The work of the Health & Safety Committee should supplement these arrangements; it cannot substitute for them.

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3.3 RISK ASSESSMENT

PLANNING FOR HAZARD IDENTIFICATION, RISK ASSESSMENT AND RISK CONTROL

It is the policy of the Yarmouth Harbour Commissioners to have powers, policies, plans and procedures based on a formal assessment of hazards and risks, and to have a formal safety management system. The safety management system shall be in place to ensure that all risks are controlled – the more severe ones must either be eliminated or kept ‘‘as low as reasonably practicable’’ (ALARP).

DETAILED RISK ASSESSMENTS

Formal Risk Assessments shall be used to:

identify hazards and analyse risks; assess those risks against an appropriate standard of acceptability; and where appropriate, consider a

cost-benefit assessment of risk reducing measures.

The activities and the responsibilities of Yarmouth Harbour Commissioners are covered in specified areas and in specific activities, for each of which there has been drawn up a detailed Risk Assessment following the principles laid down by the Health and Safety Executive.

STEP 1 : IDENTIFY THE HAZARDS

Hazards were identified in a number of ways including:

a review of accidents and incidents;

job safety analysis, involving a review of tasks to look at sources of hazard;

discussions with employees;

inspections, spot checks and audits;

equipment manuals;

review of any Approved Codes of Practice (ACOPs);

Material Safety Data Sheets (MSDS) on substances;

information provided from HSE leaflets and guidance material;

observation by risk consultant;

employees’ observation and feedback.

STEP 2 : DETERMINE WHO MIGHT BE HARMED AND HOW

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STEP 3 : EVALUATE THE RISKS - DECIDE WHETHER EXISTING PRECAUTIONS ARE ADEQUATE OR WHETHER

MORE SHOULD BE DONE TO BRING THE RISK TO AS LOW AS REASONABLY PRACTICAL[ALARP].

Definition of ALARP: Risk is a combination of the likelihood of an incident occurring and the severity of harm that can result. The combination of likelihood and severity can be given as a risk level, as shown below:

Risk Estimator

Likelihood of Harm Slight Harm Moderate Harm Extreme Harm

Very Unlikely Very Low Risk Very Low Risk Very High Risk

Unlikely Very Low Risk Medium Risk Very High Risk

Likely Low Risk High Risk Very High Risk

Very Likely Low Risk Very High Risk Very High Risk

In determining the level of risk, there was considered the risk to:

life

the environment

port operations

Harbour users

STEP 4 : REMOVE UNACCEPTABLE RISKS

There is a preferred hierarchy of risk control principles:

eliminate risks - by avoiding a hazardous procedure, or substituting a less dangerous one; combat risks - by taking protective measures to prevent risk; minimise risk - by suitable systems of working.

No risk was assessed both as frequently occurring and the consequence being either a serious injury or a pollution incident requiring national assistance.

STEP 5 : RECORD THE FINDINGS

All Risk Assessments are documented and a ranked hazard list has been drawn up. The control measures used to reduce or control identified risks will be referenced or will be a direct part

of the Risk Assessment.

STEP 6 : REVIEW THE ASSESSMENT AND REVISE IT IF NECESSARY

Risk Assessments and control measures are subject to approval before issue.

SIGNIFICANT RISKS

Significant risks are identified by the factor of the degree of likelihood times the extent of harm. These risks must be mitigated by the implementation of specific control measures.

If for any reason the safety management system identifies a control measure that is not effective the activity is to cease until suitable control measures are in place and the risk mitigated to as low as reasonably practical.

RISK CONTROLS

The safety controls for the risks identified, which are listed, are to be reviewed and amended where necessary.

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3.5 MANAGEMENT OF SAFETY CONTROLS

The organisation has established and will maintain its procedure for the ongoing identification of hazards, the assessment of risks, and the implementation of necessary control measures. These measures include:

routine and non-routine activities;

activities of all personnel having access to the workplace (including sub-contractors and visitors);

facilities at the workplace, whether provided by the organisation or others;

emergency situations. The organisation shall ensure that the results of these assessments and the effects of these controls are considered when setting its objectives. The organisation has made provision to document its findings and to keep this information up to date. The organisation’s methodology for hazard identification and Risk Assessment:

is defined for each activity to ensure it is proactive rather than reactive;

provides for the classification of risks and identification of those that are to be eliminated or controlled;

is consistent with operating experience and the capabilities;

provides input into the determination of facility requirements, identification of training needs and/or development of operational controls;

provides for the monitoring of actions to ensure the effectiveness and timeliness of implementation.

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3.6.1 EMERGENCY PREPAREDNESS AND RESPONSE

EMERGENCY POLICY OF YARMOUTH HARBOUR COMMISSIONERS

The safety management system will include preparations for emergencies and these should be identified as far as practicable from the formal Risk Assessment.

Emergency plans need to be published and exercised.

PLANS AND PROCEDURES

The organisation has established and will maintain plans and procedures to identify the potential for and responses to all emergencies, whether foreseen or not by:

having a pre-defined structure of work;

providing a swift reaction;

making measured decisions;

prioritising;

co-ordinating between other agencies.

The plans include measures for preventing and mitigating the likely illness and injury that may be associated with them.

The organisation will review its emergency preparedness and response plans and procedures, in particular after trial exercises and the occurrence of any incident or emergency situation.

EMERGENCY ORGANISATION AND MANAGEMENT RESPONSIBILITY

The Yarmouth Harbour emergency plans, which are periodically tested where practicable, detail the immediate action to be taken by Harbour employees and the emergency services in the event of most foreseeable emergencies.

They were shown to the emergency services and are held by the RNLI, the Coastguard and Wightlink.

The emergency response relies on the regulated VHF procedures and channel allocation.

The various emergency plans, in addition to the general Yarmouth Harbour Emergency Plan, comprise:

Yarmouth Harbour Office Fire Plan

Yarmouth Harbour Oil Spill and Contingency Plan

HM Coastguard and RNLI emergency plans and resources, with an inshore lifeboat

National Contingency Plan

Lifesaving apparatus on pontoons

Harbour Office and Harbour Workshop o Fire drill and fire practices o First aiders and first aid boxes

Solent and Southampton Water Marine Emergency Plan (SOLFIRE)

Wightlink Emergency Procedures

TRAINING FOR EMERGENCIES

Oil Spill Response Exercises

Incident Management Exercise

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3.6.2 CONSERVANCY

CONSERVANCY POLICY OF YARMOUTH HARBOUR COMMISSIONERS

A. Yarmouth Harbour Commissioners recognises its duty to conserve the Harbour so that it is fit for use

as a port, and a duty of reasonable care to see that the Harbour is in a fit condition for a vessel to utilise it safely.

B. Yarmouth Harbour Commissioners will aim to provide users with adequate information about conditions in the Harbour.

C. Yarmouth Harbour Commissioners recognises the extent of its duty and powers as a Local Lighthouse Authority; and specific powers in relation to wrecks.

HYDROGRAPHY

Surveys are undertaken as regularly as necessary.

Hydrographic records of dredged channels in the Harbour are maintained by the Harbour Office.

The Hydrographic Office receives all hydrographic information and Local Notices to Mariners produced by the Harbour. There is a formal agreement with the Hydrographic Office.

Admiralty Charts AC 2021 and 2040 for Yarmouth Harbour are kept up to date.

WORKS AND DREDGING L ICENCES

Licences for dredging have to be obtained from MMO, who consult with YHC.

BUOYAGE AND NAVIGATION AIDS

The Harbour has a comprehensive, well maintained and modern system of aids to navigation based on Risk Assessment and installed in consultation with Trinity House. The routine inspection and maintenance regime is laid down and records are kept.

Port Aids to Navigation Availability Reporting (PANAR) returns are made as required using ATON reporting online to Trinity House, who annually inspect and audit aids to navigation.

ANCHORAGES

The Yarmouth Harbour Commissioners has authority under the 1931 Act and has the authority of General Directions to regulate anchoring, should that be necessary.

PREVAILING CONDITIONS

Tide tables, the Meteorological Office’s Inshore Waters Forecast for the next and the following 24 hours and the weather forecasts and Notices to Mariners are displayed at the Harbour Office.

Information is readily available in the media and the web, with specific links from www.yarmouth-harbour.co.uk.

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3.6.3 ENVIRONMENT

ENVIRONMENT POLICY OF YARMOUTH HARBOUR COMMISSIONERS

Yarmouth Harbour Commissioners recognises its duty to exercise its functions with regard to nature conservation and other related environmental considerations.

ENVIRONMENTAL MANAGEMENT PLAN

The Commissioners are particularly aware and sensitive to potential pollution to Harbour areas. The areas of SSSI adjacent to the Harbour are susceptible to sustained pollution damage. The Harbour maintains a capability to deal with Tier 1 (local) pollution within the Harbour area. Major incidents in the Solent are also addressed by ‘SOLFIRE’, a contingency plan developed to deal with marine emergencies within the Portsmouth and Southampton Harbour limits. Yarmouth Harbour also maintains a contract with Adler and Allan for the provision of Tier 2 support of personnel and equipment. Any new development is assessed for environmental impact and requires an environmental consents process to be followed. The Harbour Commissioners have adopted their Waste Management Plan, which is reviewed annually, and submitted every three years to the MCA for their approval. The Harbour Master maintains good liaisons and working links with Natural England and the Environment Agency, who are consulted on potentially damaging operations (PDO’s). Emergency plans have been drawn up to deal with accidents that might potentially threaten the environment.

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3.6.4 MANAGEMENT OF NAVIGATION

POLICY FOR MANAGEMENT OF NAVIGATION

A. Yarmouth Harbour Commissioners has rules in General Directions, which every user must obey as a condition of his or her right to use the Harbour.

B. Yarmouth Harbour Commissioners recognises its duty to make proper use of powers to make General Directions, and to give Special Directions and to regulate all vessel movements in its waters.

C. These powers shall be exercised in support of the policies and procedures developed in the YHC’s safety management system, and should be used to manage the navigation of all vessels.

D. Yarmouth Harbour Commissioners has clear policies on the enforcement of Directions, and should monitor compliance.

E. If they were appropriate in a particular case, the powers of Direction would be used to require the use of a port passage plan.

LOCAL PORT SERVICE

Harbour information is published in the Admiralty Sailing Directions, Channel Pilot, and Reeds Almanac.

The general information published covers location, email address, depths, arrival information, speed restrictions, warning of wash from ferry and traffic signals.

There is also detailed directions for entering the Harbour, berths and the supply of fuel, gas, stores and waste disposal facilities.

Further information is published on the YHC website and in the annual Visitors’ Guide.

PLAN: DIRECTIONS AND PORT PASSAGE GUIDANCE

There is no standing requirement for any vessel in Yarmouth Harbour to file a port passage plan. The Commissioners could take powers of pilotage direction under the Pilotage Act, 1987. The Harbour Master has powers of Special Direction under the 1847 Harbours, Docks and Piers Clauses Act.

PATROLS

The Harbour maintains a comprehensive patrol presence on the Harbour to enforce Directions. There are procedures for the conduct of patrols and for enforcement in accordance with Police and Criminal Evidence Code.

GENERAL DIRECTIONS

The Yarmouth Harbour Commissioners has General Directions that provide effective control measures to manage the hazards identified in the Ranked Risk Register and Risk Assessments.

EVENTS

The Harbour Master works closely with all sailing clubs and organisations who use the Harbour. Where necessary special arrangements are made to promote the safety of the events they run.

MOORINGS

The Yarmouth Harbour Commissioners maintains its moorings to a high standard.

Risks are assessed and procedures are laid down for the safe operation of the mooring barge.

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3.6.5 PILOTAGE

POLICY FOR PILOTAGE

Yarmouth Harbour Commissioners has a duty to keep the need for pilotage or Vessel Traffic Service (VTS) and any service provided under constant and formal review.

NO PILOTAGE

Yarmouth Harbour Commissioners reviewed again in 2012 the policy of not providing pilotage services or Vessel Traffic Service. The Department of Transport has been advised accordingly. It should be noted however that the legislation has not been amended and YHC as a Competent Harbour Authority retains the legal ability to change this decision and issue pilotage directions if required in future. In reaching this decision consideration was given to the comprehensive Risk Assessments now carried out that have not revealed the need for Yarmouth to seek any powers of pilotage. The issues assessed included:

size of vessels using the port;

limited carriage of dangerous goods through the port;

risk to navigation;

record of accidents and reported dangerous incidences.

WIGHTLINK FERRIES

Wightlink ferries are generally the only vessels at Yarmouth of a size that might be required to carry a pilot. Reliance is placed on Wightlink operating in accordance with a documented ISM Code Compliant Safety Management System that is audited by the MCA and that provides for adequately qualified Masters and Deck Mates, with suitable on route training and experience, to be employed on all vessels. Wightlink have their own in house training for Captains on this route. Yarmouth Harbour Commissioners are given an up to date list from Wightlink of all those Captains who are qualified for the route.

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3.6.6 MARINE SERVICES

POLICY FOR MARINE SERVICES

A. Yarmouth Harbour Commissioners safety management system shall cover the use of Harbour craft and the provision of moorings.

B. The formal safety assessment shall be used to identify the need for, and potential benefits for, safety management of Harbour craft.

C. Yarmouth Harbour Commissioners shall ensure that Commissioners’ vessels or craft which are used in the Harbour are fit for purpose and that crew are appropriately trained and qualified for the tasks they are likely to perform.

D. Yarmouth Harbour Commissioners shall ensure that the power to give directions are available for these purposes.

CRAFT REGULATION

MCA or Local Authority Certification is required for commercial vessels, including trip boats, venturing outside the Harbour Limits.

Vessels and Skippers of chartered boats or passenger vessels operating for commercial gain and venturing outside the Harbour are regulated according to MCA Codes of Practice.

The ferry must have MCA certification

WORKBOATS

There are procedures for the safe operation of Harbour launches based on the Risk Assessments.

DIVING

Diving within the Harbour requires the Harbour Master’s consent.

HSE Commercial Diving standards and practices must be complied with.

DREDGING

Dredging is subject to MMO licensing.

SALVAGE

Only experienced employees would be authorised, following Risk Assessment, to get involved in a salvage operation.

FUEL

Fuel is dispensed from the eastern of the red pontoon near the Harbour entrance.

Strict controls are taken to reduce the risk of spillage and of damage to the environment.

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4 MEASURE COMPLIANCE

Yarmouth Harbour Commissioners has established and will maintain a procedure to monitor and measure safety performance on a regular basis.

PROCEDURE TO MONITOR AND MEASURE

The procedure provides for:

both qualitative and quantitative measures;

monitoring of the extent to which the organisation’s safety objectives are met;

proactive measures of performance that monitor compliance with the safety management programme, operational criteria and applicable legislation and regulatory requirements;

reactive measures of performance to monitor accidents, ill health, incidents (including near misses) and other historical evidence of deficient safety performance;

recording of data and results of monitoring and measurement sufficient to facilitate subsequent corrective and preventative action analysis.

The organisation has established and will maintain a procedure for defining responsibility and authority for:

taking action to mitigate any consequences arising from accidents, incidents or non-conformances;

the initiation and completion of corrective and preventive actions;

confirmation of the effectiveness of corrective and preventive actions taken. This procedure requires that all proposed corrective and preventive actions are reviewed through the Risk Assessment process prior to implementation. Any corrective or preventive action taken to eliminate the causes of actual and potential non-conformances are, by intention, to be appropriate to the magnitude of problems and the risk encountered. The organisation implements and records any changes in the documented procedures resulting from corrective and preventive action, as specified by the procedure for the control of documents.

RECORDING ACCIDENTS, INCIDENTS AND NON-CONFORMANCES

An incident log is maintained at the Harbour Office. Records are kept of all accidents and incidents that come to the attention of the Harbour Commissioners. Any follow up action that may be required is recorded. Written complaints and replies are held on file. Major incidents are subject to immediate investigation to establish cause and to validate control measures. The reporting requirements of RIDDOR and of the Marine Accident Investigation Branch MAIB are followed.

SAFETY INSPECTIONS AND CHECKLIST OF CONTROLS

There is also a checklist of control measures. Against each control will be stipulated when each control measure is to be checked and by whom.

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5 REVIEW

Yarmouth Harbour Commissioners will monitor, review and audit the marine safety management system on a regular basis. Performance of the system shall be assessed against internal performance indicators and, where appropriate, by benchmarking against other ports that have adopted good practice. This will be based on information from monitoring the system itself and from independent audits of the whole system.

PROCEDURE FOR REVIEWS

The Harbour Master will include a review of any accidents, incidents or near misses in the Health & Safety Committee and in Board Meetings.

Investigations by the Harbour Master of marine incidents have two essential purposes:

a) to determine the cause of the incident with a view to preventing a recurrence of that incident (or similar); and

b) to determine if an offence has been committed. If so, there may be the need on the part of a harbour authority to initiate enforcement action that may lead to prosecution in their own right or through an agency of another authority such as the Police or the MCA.

By ensuring that a robust, rigorous, independent investigation has been carried out YHC, as the duty holder, can be assured that their obligations for compliance have been addressed.

Any conclusions from investigations or lessons learned will be included in the minutes together with measures being taken to prevent a recurrence. If appropriate a more detailed report will be submitted to the Health & Safety Committee, the HSE or the MAIB, and to any other appropriate authorities by the quickest means available.

Where necessary the MCA may undertake a verification visit. These verification visits are usually arranged following a MAIB investigation into an incident, but could also be triggered by other indicators of non-compliance.

ANNUAL REVIEW AND REPORT

Every year Nicholsons Risk Management Limited, the Designated Person, will conduct an audit of the Safety Management System. A report will be given to the Commissioners each year giving an overview of PMSC compliance, accidents and failures during the year, with recommendations for addressing shortcomings.

INTERNAL REVIEW

Notwithstanding this report, the system will be kept under continuous appraisal by the organisation through internal review and immediate action will be taken where necessary.

An internal audit programme is in place.

Examples of internal review:

employees to review each Risk Assessment relevant to their job and record such review;

Harbour Master to review regularly the training programme and report to Commissioners;

equipment will be checked regularly to see that it appears to be safe to use, and such records will be recorded;

Standard Procedures shall be reviewed at least once a year;

the plan is to list each risk control, to assign a member of staff to check it, to define the frequency and to record the review with any comments.

MCA

Once every three years the MCA will ask the duty holder to confirm in writing if YHC is complying with the Port Marine Safety Code.

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6 RECORD

Yarmouth Harbour Commissioners has established and will maintain internally produced information and Marine Safety Management records inclusive of the results of audits and reviews in both paper and electronic format. Externally produced documentation will be retained in either paper and/or electronic format, whatever is appropriate. This Safety Management System is itself clear evidence of care and commitment. The Risk Assessments provide considerable further examples of how the safety policy has been put into practice.

DOCUMENT AND DATA CONTROL

The organisation has established and will maintain its procedure for controlling all documents and data required for its safety management to ensure that:

such records are required to be legible, identifiable and traceable to the activities involved. Records are stored and maintained in such a way that they are readily retrievable and protected against damage, deterioration or loss. Their retention times are established and recorded;

they can be located;

they are periodically reviewed, revised as necessary and approved for adequacy by authorised personnel;

current versions of relevant documents and data are available at all locations where operations essential to the effective functioning of the system are performed. This requirement is largely met by having the key safety documents available on the internal computer network;

obsolete documents and data are promptly removed from all points of issue and points of use or otherwise assured against unintended use; and

archived documents and data retained for legal and knowledge preservation purposes are suitably identified.

PUBLICATION OF PLANS AND REPORTS

To demonstrate YHC’s commitment to maritime safety and ensure the involvement of Harbour users, the Safety Management System for marine operations shall be published on the Yarmouth Harbour web site. The Safety Management System shall illustrate how the policies and procedures will be developed to satisfy the requirements under the Code. It shall commit the Authority to undertake and regulate marine operations in a way that safeguards the Harbour, its users, the public and the environment. It shall refer to commercial activities in the Harbour, the efficient provision of specified services and the effective regulation of vessels. Yarmouth Harbour Commissioners, as duty holder, will also publish the conclusions of an independent assessment of the Harbour Authority’s performance against the Safety Management System in compliance with the Port Marine Safety Code. Information gathered from the monitoring and auditing of the marine safety management system shall be used to support the analysis and conclusions.

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7 IMPROVE

YARMOUTH HARBOUR COMMISSIONERS AIM TO SEEK CONTINUOUS IMPROVEMENT

Yarmouth Harbour Commissioners has established and will maintain documented safety objectives. The objectives are quantified whenever practicable. In establishing these objectives, the organisation has given consideration to its legal and other requirements, the hazards and risks associated with its activities, its technological options, its financial, operational and business requirements, and the views of interested parties. The objectives are consistent with this Safety Policy, including the commitment to continual improvement.

At conclusion of the annual PMSC review there will be recorded the achievement or otherwise of effecting the improvements planned the year before and a list will be drawn up of the further improvements sought in the following year.

Currently these are:

1. The Standard Operating Procedures have all been reviewed and updated. They will now be issued and used to train staff:

SOP1 Berthing Masters and Harbour Services Operatives

SOP2 Berthing Operations

SOP3 Lifting Operations

SOP4 Night Watch

SOP5 Yar Bridge

SOP6 Maintenance

SOP7 Ferry Terminal Operatives

SOP8 Reception and Administration

SOP9 Fuel Berth

SOP10 Enforcement

One or two sections of the procedures are now included for discussion at each of the monthly staff meetings. Review fire precautions and the safe procedures for any lone working of maintenance staff.

2. Complete the risk assessments now being refreshed and put into a simpler format.

Synchronise what is written in the Standard Operating Procedures with the safety procedures set out in the Employee Handbook.

Each Standard Operating Procedures to show the number of the relevant risk assessments.

See how a list can be drawn up of each control indicating which member of staff is responsible for its maintenance and when.

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3. Maintain the accident and incident summary sheet, for early recognition of any adverse trends.

4. The Yarmouth Harbour Emergency Plan to be exercised.

5. Consider providing the facility, perhaps on the website, for harbour users to enrol on an emailing list to receive Local Notices to Mariners.

6. Review notices. Consider the RYA/RNLI format. Improve signage on slipways.

7. Training records to be expanded to cover training in operating procedures, such as the use of the harbour crane, fuel dispensing, personal protective equipment, authority to work on workshop machinery, enforcement and oil spill and emergency procedures.

8. Complete the exercise of writing to subcontractors for information before formal approval and the placing of any order.

9. Reconsider the safety of the dinghy park pontoons where children may be left unattended and not wearing lifejackets.

LONGER TERM PROJECTS

1. Replace the pier piles. An application has been made to the Lottery Heritage Fund.

2. Breakwater – Surveys are being conducted to create an environmental baseline and negotiations started

with the various agencies whose approval will be required.

3. Provision of a base for Eneco/EDF to maintain the Christchurch Bay wind farm, (Navitus Bay). There may be a decision on a preferred bidder in the spring.

Appendix 1

YARMOUTH HARBOUR RISK ASSESSMENTS – INDEX

RA1 Yarmouth Ferry and Yarmouth Ferry Terminal Operatives

RA 2 Motor and Sail Driven Vessels

RA 3 Rowing, Tenders and Canoes

RA 4 Regattas Racing and Sailing Schools

RA 5 Swimming

RA 6 Trip Boats Small Ferries and Charter Boats

RA 7 Licensed Works

RA 8 Professional Diving

RA 9 Maintenance Work Afloat or Near Water

RA 10 Floating Jetties, Pontoons, Quays, Slipways and Landings

RA 11 Yar Bridge

RA 12 Berthing Masters and Water Taxi Operatives

RA 13 Lone Working

RA 14 Workshop

RA 15 Pressure Washing

RA 16 Emergency Generator

RA 17 Oxygen & Acetylene Cutting and Welding

RA 18 Yarmouth Harbour Offices

RA 19 Fuel Receipt of Fuel and Storage Selling of Fuel

Risk Estimator Risk Assessment Method Crane Risk Assessment (see Lift Plan)

Appendix 2

YARMOUTH HARBOUR

STANDARD OPERATING PROCEDURES

SOP1 Berthing Masters and Harbour Services Operatives

SOP2 Berthing Operations

SOP3 Lifting Operations

SOP4 Night Watch

SOP5 Yar Bridge

SOP6 Maintenance

SOP7 Ferry Terminal Operatives

SOP8 Reception and Administration

SOP9 Fuel Berth

SOP10 Enforcement

Appendix 3

DOCUMENT PURPOSE, CONTROL AND DEFINITIONS

PURPOSE

The aim of this document is to describe and direct how the Yarmouth Harbour Commissioners have and will maintain a Safety Management System that is structured, cohesive and auditable and demonstrates full compliance with the both the Port Marine Safety code and with Safety at Work legislation and guidelines.

AMENDMENT HISTORY

All pages January 2009 Issue 1 created September 2009

May 2010 November 2011 October 2013 January 2014 May 2014 January 2015

Issue 2 Issue 3 Issue 4 Issue 5 Issue 6 Issue 7 Issue 8

CIRCULATION

The Harbour Master must ensure that this Safety Management Manual and any amendments to it are issued on a controlled circulation. Numbered copies are issued to:

Copy No Issued to

1 Master Copy – Harbour Master

2 Harbour Office – for access by all employees

TERMS AND DEFINITIONS

Accident: undesired event giving rise to death, ill health, injury, damage or other loss. Audit: systematic examination to determine whether activities and related results conform to planned arrangements and whether these arrangements are implemented effectively and are suitable for achieving the organisation’s policy and objectives. Continual improvement: process of enhancing the Marine Safety Management System to achieve improvements health and safety performances in line with the organisation’s policy. Designated Person: Person appointed by the Harbour Commissioners (for Yarmouth, Nicholsons Management Limited) to oversee their obligations for the provision of an effective Marine Safety Management System. Duty Holder: The person or group of people (represented at Yarmouth Harbour by the Harbour Commissioners) who are accountable for safe and efficient management of operations within the Harbour. Harbour: the entire Harbour area as bounded by the Causeway at Freshwater to the seaward limits as described in the 1996 Revision Order and all water therein to MHW, excluding the lagoon to the South of Norton Spit.

Harbour Authorities: See Duty Holder. Harbour Commissioners: The Yarmouth Harbour Commissioners, appointed to serve as Duty Holders. The Yarmouth Act of Parliament in 1931 details the constitution of the Yarmouth Harbour Commissioners.

The Yarmouth Harbour Commissioners appoint a Chief Executive/Harbour Master.

Harbour Master: A statutory appointment for all Harbour Authorities. The definition can be applied to both the Harbour Master himself and his assistants. Harbour Master has the principal operational responsibility for the safety of navigation in the Harbour and exercises the Commissioners’ operational powers with respect to the safety of marine activities in the Harbour. He is accountable directly to the Commissioners.

Hazard: source or situation with a potential for harm in terms of human injury or ill health, damage to the workplace environment, or a combination of these. Hazard identification: process of recognising that a hazard exists and defining its characteristics. Incident: event that gave rise to an accident or had the potential to lead to an accident, including near misses. Interested parties: individual or group concerned with or affected by the safe performance of the organisation’s activities. Safety Management System: part of the overall management system that facilitates the management of marine safety and risks associated with the organisation’s activities. This includes the organisational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the organisation’s policy. Non-conformance: any deviation from work standards, practices, procedures, regulations, management system performance etc that could either directly or indirectly lead to injury or illness, property damage, damage to the workplace environment, or a combination of these. Objectives: goals, quantified wherever practicable, in terms of safety performance, that an organisation sets itself to achieve. Occupational health and safety: conditions and factors that affect the well-being of employees, temporary workers, contractor personnel, visitors and any other person in the workplace. Organisation: The Yarmouth Harbour Commissioners, their employees, facilities, management and administration. Performance: measurable results of the Marine Safety Management System, related to the organisation’s control of health and safety risks, based on its objectives. Risk: combination of the likelihood and consequence(s) of a specified hazardous event occurring. Risk Assessment: overall process of estimating the magnitude of risk and deciding whether or not the risk is tolerable. Safety: freedom from unacceptable risk of harm. Reference Publications

Port Marine Safety Code (DETR) revised by the Department for Transport in 2009 and 2012

Guide to Good Practice on Port Marine Operations (DETR)