17- 387 C.M.R. ch. 1, § B-7 - Reporting Requirements

a. Illness or Injury to Pilot

Pilots who shall suffer illness or injury causing them to be unable to perform their duty for a period of 30 days or more shall notify the Commission to this effect. They shall further notify the Commission as to the date when they expect to be able to resume duty. The Commission may require a physical examination of the pilot before their return to duty status.

b. Injury to Pilot Sustained in Boarding or Leaving a Ship or while Aboard a Ship being Piloted

Any pilot who sustains injury in the process of boarding or leaving a ship, falls overboard, or is injured aboard a ship while performing their duty, shall report to the Commission concerning all particulars of the accident within 24 hours, and submit a written report within five calendar days. A duplicate of this report shall also be submitted to the Master or Agents of the ship involved.

c. Vessel Going Aground or Other Marine Casualty

In the event of a vessel going aground or meeting with a certain marine casualty as defined below while a pilot is directing the navigation of a vessel, the pilot shall report all circumstances attending the grounding or other accident to the Commission immediately after addressing resultant safety concerns, specifying the location and exact time of such grounding or accident and the nature thereof, and file a written report within five calendar days to the Commission. Such reportable incidents include:

An unintended grounding, or an unintended strike of (allison with) a bridge; An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel; An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route; An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage.

(1) Drug and Alcohol Testing Requirement

If the Complaint Officer deems necessary, the pilot and/or the pilot's employer will be required to submit a copy of the results of a U.S. Coast Guard-requested drug and alcohol test. Such a test shall be conducted by a Federally-approved testing agency and the results will be made available to the Commission within 5 business days of receiving the test results.

If any pilot refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by the Complaint Officer or a law enforcement officer or by the marine employer, this fact shall be noted and shall be admissible as evidence in any administrative proceeding.

(2) Meeting With Commission

If the Commission or Complaint Officer deems necessary, the pilot will be required to meet with a representative of the Commission within 36 hours of such a marine casualty.

d. Motor Vehicle License Suspension or Revocation

Any pilot licensed by this Commission must report, in writing and within 5 days, to the Commission the details of any charges filed against the pilot that may lead to suspension or revocation of a motor vehicle license, including, but not limited to, operating a motor vehicle under the influence of alcohol or narcotics.

e. Federal License Suspension or Revocation

Any pilot licensed by this Commission must report to the Commission the details of any complaint filed against the pilot, in writing and within 5 days of receipt of such complaint. Said pilot must surrender the state license immediately upon notification of the suspension or revocation of the federal license.

Notes

17- 387 C.M.R. ch. 1, § B-7