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	<title>Comments on: The Cosco Busan &#8211; A Failure in xxx Resource Management</title>
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	<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629</link>
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		<title>By: Bob Couttie</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-21036</link>
		<dc:creator>Bob Couttie</dc:creator>
		<pubDate>Sun, 02 Nov 2008 10:36:13 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-21036</guid>
		<description>Oh, BTW, a company is, in legal terms, a single individual. I suspect that even under ISM it is only the company, not it&#039;s individual managers, which would be liable.</description>
		<content:encoded><![CDATA[<p>Oh, BTW, a company is, in legal terms, a single individual. I suspect that even under ISM it is only the company, not it&#39;s individual managers, which would be liable.</p>
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		<title>By: Bob Couttie</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14447</link>
		<dc:creator>Bob Couttie</dc:creator>
		<pubDate>Sun, 02 Nov 2008 02:36:13 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14447</guid>
		<description>Oh, BTW, a company is, in legal terms, a single individual. I suspect that even under ISM it is only the company, not it&#039;s individual managers, which would be liable.</description>
		<content:encoded><![CDATA[<p>Oh, BTW, a company is, in legal terms, a single individual. I suspect that even under ISM it is only the company, not it&#39;s individual managers, which would be liable.</p>
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		<title>By: Bob Couttie</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14446</link>
		<dc:creator>Bob Couttie</dc:creator>
		<pubDate>Sat, 01 Nov 2008 07:04:16 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14446</guid>
		<description>Criminal law, as far as I know, depends on individual states legal systems. I don&#039;t think ISM can mandate criminal liability unless it is made so by the relevant legislature. It would require, I think, an act of Congress.</description>
		<content:encoded><![CDATA[<p>Criminal law, as far as I know, depends on individual states legal systems. I don&#39;t think ISM can mandate criminal liability unless it is made so by the relevant legislature. It would require, I think, an act of Congress.</p>
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		<title>By: 787780</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14445</link>
		<dc:creator>787780</dc:creator>
		<pubDate>Sat, 01 Nov 2008 03:21:53 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14445</guid>
		<description>Great reply Bob but I thought ISM made ship managers criminal liable, or is that just in the US?</description>
		<content:encoded><![CDATA[<p>Great reply Bob but I thought ISM made ship managers criminal liable, or is that just in the US?</p>
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		<title>By: Bob Couttie</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14444</link>
		<dc:creator>Bob Couttie</dc:creator>
		<pubDate>Sat, 01 Nov 2008 02:36:15 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14444</guid>
		<description>A good, forthright piece on a complex situation, John. Cosco Busan has opened a can of worms, and there is a danger of regulatory over-reaction, as happened after 9/11, that will do little to fix the fundamental problems.&lt;br&gt;&lt;br&gt;Key among the issues you correctly pinpoint is minimum standards. I would add competency. Pilots and masters are well-trained and have certificates to prove it. Those certificates, however, do not ensure competency in the workplace, which is the only place ompetency can be assessed. There is reluctance to implement competency assurance systems throughout much of the maritime industry.&lt;br&gt;&lt;br&gt;Training attitudes need to be changed. The usual attitude is “I&#039;ll complete this course to get  my certificate”, not “I&#039;m learning something to make my work safer”. Once training is complete the principles all to often aren&#039;t put into practice, inlcuding, in many cases, bridge team management.&lt;br&gt;&lt;br&gt;In the off-shore industry it is standard practice to stop a job when conditions are unsafe. It doesn&#039;t take a management decision – you see something wrong and you stop the job, whoever you are. In theory the same can be done aboard ship but in practice it rarely happens. This is something that should be included in seafarer training: impressing upon them the right and responsibility to stop a task that cannot be carried out safely under the circumstances.&lt;br&gt;&lt;br&gt;One of the reasons you won&#039;t see the bright sparks or sparks who changed an entire ship&#039;s crew, bottom to top, on trial is that, except for certain instances, company executives cannot be sued etc. or found criminally liable for decisions made on behalf of the company. This is in distinction to what I believe are the only two exceptions: newspaper and magazines editors, who can, for instance, be sued personally for any libel that appears in their publications, and ships masters.&lt;br&gt;&lt;br&gt;It is ridiculous to expect an entire ship&#039;s crew to be fully functioning as a team in just two weeks, but it isn&#039;t necessarily a criminal act.&lt;br&gt;&lt;br&gt;In the case of the Cosco Busan, charges have been filed against Fleet Management. Recently in the UK a shipowner was fined following a vessel&#039;s collision with the East Goodwin Lightship because it&#039;s manning levels were too low to ensure that an adequate watch could be maintained.&lt;br&gt;&lt;br&gt;This indicates a promising trend, if it reduces the number of seafarers being criminalised following accidents. Shipowners and manning agents should be held liable when their practices result in shipboard personnel not reaching required levels of competency or requiring them to use unsafe practices.&lt;br&gt;&lt;br&gt;You remark “The best we can do is extend the concept of BRM to broader ship management”. That hits the nail on the head. Repeatedly, investigation of accidents demonstrates systemic issues that spread from ship to shore. Shore-based safety culture, or lack of it, influences the &lt;br&gt;safety culture of the vessel.&lt;br&gt;&lt;br&gt;Unfortunately, thanks to badly thought-out responses, the regulatory solutions are almost certain to prove inefficient and impractical. It should be noted that the VTS equipment in San Francisco was obsolete, thanks to budgetary constraints. That was partially a result of the so-called &#039;war on terrorism&#039;, which is diverting resources from maritime safety issues.</description>
		<content:encoded><![CDATA[<p>A good, forthright piece on a complex situation, John. Cosco Busan has opened a can of worms, and there is a danger of regulatory over-reaction, as happened after 9/11, that will do little to fix the fundamental problems.</p>
<p>Key among the issues you correctly pinpoint is minimum standards. I would add competency. Pilots and masters are well-trained and have certificates to prove it. Those certificates, however, do not ensure competency in the workplace, which is the only place ompetency can be assessed. There is reluctance to implement competency assurance systems throughout much of the maritime industry.</p>
<p>Training attitudes need to be changed. The usual attitude is “I&#39;ll complete this course to get  my certificate”, not “I&#39;m learning something to make my work safer”. Once training is complete the principles all to often aren&#39;t put into practice, inlcuding, in many cases, bridge team management.</p>
<p>In the off-shore industry it is standard practice to stop a job when conditions are unsafe. It doesn&#39;t take a management decision – you see something wrong and you stop the job, whoever you are. In theory the same can be done aboard ship but in practice it rarely happens. This is something that should be included in seafarer training: impressing upon them the right and responsibility to stop a task that cannot be carried out safely under the circumstances.</p>
<p>One of the reasons you won&#39;t see the bright sparks or sparks who changed an entire ship&#39;s crew, bottom to top, on trial is that, except for certain instances, company executives cannot be sued etc. or found criminally liable for decisions made on behalf of the company. This is in distinction to what I believe are the only two exceptions: newspaper and magazines editors, who can, for instance, be sued personally for any libel that appears in their publications, and ships masters.</p>
<p>It is ridiculous to expect an entire ship&#39;s crew to be fully functioning as a team in just two weeks, but it isn&#39;t necessarily a criminal act.</p>
<p>In the case of the Cosco Busan, charges have been filed against Fleet Management. Recently in the UK a shipowner was fined following a vessel&#39;s collision with the East Goodwin Lightship because it&#39;s manning levels were too low to ensure that an adequate watch could be maintained.</p>
<p>This indicates a promising trend, if it reduces the number of seafarers being criminalised following accidents. Shipowners and manning agents should be held liable when their practices result in shipboard personnel not reaching required levels of competency or requiring them to use unsafe practices.</p>
<p>You remark “The best we can do is extend the concept of BRM to broader ship management”. That hits the nail on the head. Repeatedly, investigation of accidents demonstrates systemic issues that spread from ship to shore. Shore-based safety culture, or lack of it, influences the <br />safety culture of the vessel.</p>
<p>Unfortunately, thanks to badly thought-out responses, the regulatory solutions are almost certain to prove inefficient and impractical. It should be noted that the VTS equipment in San Francisco was obsolete, thanks to budgetary constraints. That was partially a result of the so-called &#39;war on terrorism&#39;, which is diverting resources from maritime safety issues.</p>
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		<title>By: Feedback - A failure in XXX Resource Management</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14441</link>
		<dc:creator>Feedback - A failure in XXX Resource Management</dc:creator>
		<pubDate>Fri, 31 Oct 2008 22:49:31 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14441</guid>
		<description>[...] The Cosco Busan - A Failure in xxx Resource&#160;Management [...]</description>
		<content:encoded><![CDATA[<p>[...] The Cosco Busan &#8211; A Failure in xxx Resource&nbsp;Management [...]</p>
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		<title>By: SF PIlot</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14436</link>
		<dc:creator>SF PIlot</dc:creator>
		<pubDate>Thu, 30 Oct 2008 18:53:12 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14436</guid>
		<description>I have mixed emotions about the intent of this article but commend you for speaking to the root issues but you missed one important fact. The acceptance of ECDIS among my colleagues is inversely proportional to their age. Cota refused to use new technology and suffered the consequences once the radars failed him.</description>
		<content:encoded><![CDATA[<p>I have mixed emotions about the intent of this article but commend you for speaking to the root issues but you missed one important fact. The acceptance of ECDIS among my colleagues is inversely proportional to their age. Cota refused to use new technology and suffered the consequences once the radars failed him.</p>
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		<title>By: VSL MNGR</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14435</link>
		<dc:creator>VSL MNGR</dc:creator>
		<pubDate>Thu, 30 Oct 2008 17:57:46 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14435</guid>
		<description>Laying blame on the ship owners and managers for the poor decision of an individual is uncalled for. If Cota or Sun had delayed the sailing time no one would have reprimanded them!</description>
		<content:encoded><![CDATA[<p>Laying blame on the ship owners and managers for the poor decision of an individual is uncalled for. If Cota or Sun had delayed the sailing time no one would have reprimanded them!</p>
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		<title>By: ML</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14433</link>
		<dc:creator>ML</dc:creator>
		<pubDate>Thu, 30 Oct 2008 12:59:23 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14433</guid>
		<description>I work in the largest shipowners in the offshore segment of the industry and my company has a frim policy that if a job is unsafe you can stop the job. I have seen the clock run to a few million dollars for small weather problems and wonder if Cosco Busan manegment had a similar policy or even just a culture supporting safety?</description>
		<content:encoded><![CDATA[<p>I work in the largest shipowners in the offshore segment of the industry and my company has a frim policy that if a job is unsafe you can stop the job. I have seen the clock run to a few million dollars for small weather problems and wonder if Cosco Busan manegment had a similar policy or even just a culture supporting safety?</p>
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		<title>By: Texino</title>
		<link>http://gcaptain.com/the-cosco-busan-a-failure-in-xxx-resource-management/?3629#comment-14431</link>
		<dc:creator>Texino</dc:creator>
		<pubDate>Thu, 30 Oct 2008 11:59:42 +0000</pubDate>
		<guid isPermaLink="false">http://gcaptain.com/maritime/blog/?p=3629#comment-14431</guid>
		<description>Extremely well written and informative-Thank you.</description>
		<content:encoded><![CDATA[<p>Extremely well written and informative-Thank you.</p>
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