APPENDIX 4
SELECTED BIBLIOGRAPHY OF UNCLOS/ILO/IMO REQUIREMENTS AND RECOMMENDATIONS RELATED TO INVESTIGATION OF HUMAN FACTORS IN MARINE CASUALTIES AND INCIDENTS
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
Article 94, Duties of the flag State, provides, in paragraph 7:
Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marble environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.
ILO (INTERNATIONAL LABOUR ORGANIZATION) CONVENTIONS AND RECOMMENDATIONS
Merchant Shipping (Minimum Standards) Convention, 1976 (No.147)
Article 2 provides:
Each Member which ratifies this Conventions undertakes"."(g) to hold an official inquiry into any serious marine casualty involving ships registered in its territory, particularly those involving inquiry and/or loss of life, the final report of such inquiry normally to be made public."
Prevention of Accidents (Seafarers) Convention, 1970 (No.134)
Article 2 provides:
1. The competent authority in each maritime country shall take the necessary measures to ensure that occupational accidents are adequately reported and investigated, and comprehensive statistics of such accidents kept and analysed.
2. All occupational accidents shall be reported and statistics shall not be limited to fatalities or to accidents involving the ship.
3. The statistics shall record the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship-for instance, deck, engine or catering-and of the area-for instance, at sea or in port-where the accident occurred.
4. The competent authority shall undertake an investigation into the causes and circumstances of occupational accidents resulting ill loss of life or serious personal injury, and such other accidents as may be specified in national laws or regulations.
