Or. Admin. R. 856-019-0010 - Incident Investigation Procedures
(1) Upon receiving notice that an incident
has occurred, the Board member who is a licensee for the pilotage ground where
the incident occurred will commence a preliminary investigation as soon as
practicable. If the incident involves that Board member, or if that Board
member is not available to commence a timely preliminary investigation, then
the Board Chair will appoint another Board member to commence the preliminary
investigation, in which case the Board Chair will also seek a volunteer from
among those who are or have been licensees for the pilotage ground where the
incident occurred, to serve as an advisor to the Board member conducting the
preliminary investigation.
(2) The
Board member conducting the preliminary investigation will, as soon as possible
after receiving notice that an incident has occurred, gather sufficient
information to form an opinion regarding whether the incident is likely to be a
Category I or Category II incident, according to the following criteria:
(a) Category I Incident:
(A) Property damage exceeding $200,000;
or
(B) loss of life or serious
personal injury (requiring hospitalization); or
(C) allision with a bridge; or
(D) release of more than 50 gallons of oil or
other hazardous substance into the water; or
(E) a pilot may have been acting under the
influence of drugs or alcohol or there is evidence of gross negligence or
willful misconduct; or
(F) any
factor that results in substantial, widespread public interest in the
incident.
(b) Category
II Incident: Any incident reportable under Board regulations that does not
satisfy any of the criteria in OAR 856-019-0010(2)(a).
(3) As soon as possible after completing the
preliminary investigation, the investigating Board member will contact the
Board's Chair to make a preliminary report and recommendation regarding
classification of the incident as Category I or Category II. Based on the
preliminary report, the investigating Board member's recommendation, and such
other factors as the Board Chair deems appropriate under the circumstances, the
Board Chair will, in his or her discretion, determine whether to classify the
incident as Category I or Category II.
(4) Upon the Chair's classification of an
incident as Category I, an investigating team will be promptly appointed by the
Chair. The investigating team will include:
(a) The Chair or other public member of the
Board, to serve as the team leader; and
(b) a shipping industry or port
representative member of the Board; and
(c) the pilot member of the Board from the
pilotage ground where the incident occurred, unless the incident involves that
pilot, in which case the Chair will appoint another pilot member of the Board.
If the pilot Board member appointed to the investigating team is not a licensee
on the pilotage ground where the incident occurred, then the Board will request
a volunteer from among those who are or have been licensees for the pilotage
ground where the incident occurred, to serve as an advisor to the investigating
team.
(5) Upon the
Chair's classification of an incident as Category II, the Board member who
conducted the preliminary investigation shall proceed with completion of the
investigation. The Chair may, at any time during the course of the
investigation, upon receipt of new information, elect to reclassify the
incident as a Category I incident requiring the appointment of an investigating
team.
(6) The services of a
qualified independent investigator, or an expert in a discipline that is
relevant and necessary for determining the cause of an incident, should be
obtained in the following circumstances:
(a)
In any Category I incident, upon request of the Chair, or of two or more
members of the investigating team.
(b) In any Category II incident, upon
agreement of the Chair and the Board member conducting the
investigation.
(7) In
order to qualify as an expert for purposes of OAR 856-019-0010(6), a person
must have a postgraduate degree, professional training or substantial practical
experience in a discipline or subject matter that the Board investigators
determine is relevant and necessary for determining the cause of an
incident.
(8) The Board will keep
and periodically update a list of qualified independent investigators who may
be available to provide services. In order to qualify as an independent
investigator for the Board, a person must:
(a)
Have had at least four years previous experience investigating maritime
casualties; or
(b) have served at
least two years as pilot or master of vessels greater than 1600 GRT, and had
formal training in investigations procedures or extensive actual experience
investigating maritime casualties.
(9) The role of an independent investigator
is that of an advisor to the investigating team in a Category I incident, or to
the investigating Board member in a Category II incident. An independent
investigator is to serve as a fact gatherer at the direction of the Board
investigators, delivering information to the Board members investigating the
incident. Information gathered by an independent investigator may be used by
the investigating Board members for their analysis and for use in their
preparation of a written report with their recommendations to the Board as a
whole.
(10) When the investigation
is complete, the investigating Board member or members will prepare a written
report for consideration by the Board. The report shall describe the scope of
the investigation, the information gathered, and include an assessment of the
probable causes of the incident, and recommendations for any further Board
action that should be considered. The written report shall also make a
recommendation concerning the scope of distribution of the report.
Notes
Statutory/Other Authority: ORS 776 & 670
Statutes/Other Implemented: ORS 776.115 & 670.310
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