The Coast Guard has released policies to provide guidance on implementation of several of the new laws that aim to enhance crew safety on certain commercial vessels and to prevent and respond to sexual misconduct, which includes sexual assault and sexual harassment, and harassment within the maritime industry.
In a new Marine Safety Information Bulletin issued in early January 2024, the USCG highlights the following:
- Applicable vessels are now required to establish a master key control system and related provisions for use of master keys.
- Companies and vessels should have documented policies and procedures within the SMS to ensure compliance with the reporting and after-action summary requirements of 46 U.S.C. § 10104 related to harassment, sexual harassment, and sexual assault. These procedures should be documented as soon as possible in the SMS. The Coast Guard or Recognized Organizations may conduct investigatory audits and may suspend or revoke a Document of Compliance (DOC) or Safety Management Certificate (SMC).
- Applicable vessels are now required to install and maintain video and audio surveillance equipment and retain recordings for a specified time. In addition, vessel owners and employers are required to train crewmembers in responding to and reporting sexual assault and sexual harassment.
- Crew berthing and washing areas must now prominently display details concerning company policies, how to report issues, and steps to respond to sexual assault and sexual harassment.
These policies are intended to assist vessel owners and operators in understanding and adhering to the new and modified provisions set out by the 2023 NDAA.
….USCG explained, advising industry stakeholders to familiarize themselves with these updates to ensure compliance with the mentioned sections of Title 46 of the United States Code.
The USCG supports anonymous reporting through an app and conducts thorough and impartial investigations, when a report is received.
The James M. Inhofe National Defense Authorization Act (NDAA) 2023 introduces Title 46 amendments for crew safety and combating sexual assault in the maritime industry.
