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MARINE GUIDANCE NOTE

MARINE ACCIDENT INVESTIGATION BRANCH MGN 115 (M+F)

Accident Reporting and Investigation
Notice to Owners, Masters, Skippers, Officers and Crews of Merchant Ships, Fishing Vessels and
Pleasure Vessels

This Notice supersedes Notice No. M.1584

Summary
This Note is to inform all seafarers and vessel owners of the requirements of the new Merchant
Shipping (Accident Reporting and Investigation) Regulations 1999.

Key Points

• A new, broader, definition of “accident” which includes some of those events previously known
as “dangerous occurrences”, has been introduced.

• “Serious injury” has been redefined and no longer applies only to people employed or carried in
a United Kingdom ship.

• Statutory accident reporting times have been reduced because of the ready availability of
modern communication methods.

• The master or owner will be notified when an investigation is being carried out.

• All reports of investigations will be made publicly available in such a manner as the Chief
Inspector thinks best.

Introduction 2. The MAIB’s fundamental purpose in

1. The Marine Accident Investigation Branch
(MAIB) is responsible for the investigation of
all types of marine accidents, both to ships
and to those on board. The MAIB is a
separate branch within the Department of the
Environment, Transport and the Regions
(DETR) and is not part of the Maritime and
Coastguard Agency. The MAIB’s head, the
Chief Inspector of Marine Accidents, reports
direct to the Secretary of State on accident
investigation. He and his professional staff
who are drawn from the nautical, marine
engineer, naval architect and fishing
disciplines, are appointed under the
Merchant Shipping Act 1995 by the Secretary
of State. An administrative staff deals with
records, data analysis and publications and
provides general support.
investigating an accident under the
Regulations is to determine its circumstances
and the causes with the aim of improving the
safety of life at sea and the avoidance of
accidents in the future. It is not the purpose
to apportion liability, nor, except so far as is
necessary to achieve the fundamental
purpose, to apportion blame. The MAIB is
not an enforcement or prosecuting agency.
3. Procedures are mainly governed by the
Merchant Shipping Act 1995, and by
regulations. The Merchant Shipping
(Accident Reporting and Investigation)
Regulations 1999 (SI No. 2567), which replace
the Accident Reporting and Investigation
Regulations of 1994, come into force on 12
October 1999. They define the accidents to
which they apply; set out the purpose of
investigation; and make provisions for the

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ordering and conduct of investigations. The
Regulations apply generally to all ships,
including fishing vessels and (except as
indicated below) to pleasure vessels.
7.
They also set out requirements for reporting
accidents (which includes major injuries) and
serious injuries. They do not cover formal
investigations or other public inquiries, the
rules for which are a separate matter.
4. Annex 1 defines major and serious types of
injury. Reports of minor incidents that posed
no danger are not required. Nor are reports of
injuries to shore-based workers in a United
Kingdom port or shipyard; such injuries
should be reported by the employer to the
Health and Safety Executive (HSE) as should
reports of other accidents occurring in a
United Kingdom shipyard.
accident; it can also be used for serious
injuries. Annex 2 section 3(2) contains advice
on the information which is needed.
Although there is no requirement to report
hazardous incidents, owners, masters,
skippers and others are strongly urged to do
so voluntarily since useful lessons can always
be learned. Examples are navigational or
engineering incidents causing hazard, failure
of procedures in shipboard operations,
material defects, fatigue and human failures.
The critical question in deciding whether or
not to report an incident is whether it had the
potential to lead to an accident. These reports
should also be sent using an IRF, or if
preferred, in narrative form. Many incidents
occur which, due to timely action, do not
cause injury or damage but have the
potential to be hazardous.

The Regulations also allow for the
investigation of “hazardous incidents” -
broadly any unspecified events which might
have led to an accident - though they do not
require such incidents to be reported.
Reporting
5. Accidents must be reported initially within
24 hours and should contain the information
noted in Annex 2 section 3(1). Serious
injuries must be reported within 14 days.
Reports should be sent by the quickest means
available, including telephone, facsimile,
telex or e-mail, to the MAIB. The reporting
requirements apply to merchant ships,
fishing vessels, and vessels in commercial
use for sport or pleasure.
8. In making reports, whether on an IRF or in
narrative, particular attention is requested to
the content of the descriptive text. Lessons can
be learned from the positive as well as
negative aspects. Details of actions taken to
minimise the effects of the accident or, in the
case of a hazardous incident, to prevent it
developing into an accident, are particularly
helpful. A description of actions taken, or a
recommendation, to prevent a recurrence are
also of value. Much is gained from the
information provided by those most intimately
concerned in the event when it occurred.
9. Annex 2 includes a summary of reporting
procedures and details of the MAIB’s
address and contact numbers.
Investigations

Accidents on or to pleasure craft used only
for recreation and not for commercial gain
are not required to be reported.
6. The Regulations require masters and
skippers to ensure that the circumstances of
every accident are examined. Where a ship
carries a safety officer, the investigation
which he or she is required to carry out by
the Merchant Shipping and Fishing Vessel
(Health and Safety at Work) Regulations
1997 (SI 1997 No. 2962) will meet this
requirement. A report on the findings must
be sent to the Chief Inspector, if requested.
The MAIB Incident Report Form (IRF) has
been introduced to facilitate this and can be
used to amplify the initial report of any
10. An accident or serious injury may be
investigated by the MAIB if it involves a
United Kingdom ship or any other ship in
UK waters, or if the Branch agrees to a
request to undertake an investigation on
behalf of another flag state. Hazardous
incidents may also be investigated.
11. Whether an MAIB investigation is carried
out, and its extent, depends upon the
circumstances. In some cases the ship’s own
investigation will be sufficient but the MAIB
may seek further details if necessary. The
Regulations require owners, masters and
others to provide any such information when
requested.

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12. Should the MAIB decide to start an
investigation, the master or owner will be
notified within 28 days of the receipt of the
initial report. If, however, any additional
information has been requested, then the
notification will be provided within 28 days
of that information having been received by
the MAIB.
13. The MAIB may investigate any accident.
This may involve inspectors visiting the ship
concerned and any connected organisation or
authority. The owner and master should
ensure that all charts, log books, voyage data
and other records, electronic and magnetic
recording and video tapes and all documents
which might reasonably be considered
pertinent to a reportable accident are kept.
No alterations should be made to recordings
or entries, and any equipment associated or
involved in an accident should, as far as
practicable, remain undisturbed, until
(a) the Chief Inspector informs the
owner or master that no investigation is to
take place; or
(b) unless notified of a decision to
investigate, 28 days after the receipt by the
Chief Inspector of a report or the additional
information referred to in 12 above; or
(c) the Chief Inspector or the Inspector
carrying out the investigation indicates that
he no longer requires them.
14. Where an inspector is appointed to carry out
an investigation his powers are extensive,
and are set out in detail in Section 259 of the
Merchant Shipping Act 1995. Subject to these
powers the Inspector has wide discretion as
to how he carries out his investigation. If at
all possible most of it will take place on
board the ship concerned. He may wish to
visit the owners or ship managers. An
inspector may also prohibit, pending
investigation, access or interference with
anything involved in an accident.
15. The Inspector can require any person whom
he considers is likely to be able to assist his
investigation to attend before him, answer
questions, and sign a declaration of the truth
of his answers. A person being interviewed
by an inspector has the right to be
accompanied by any third person of his
choice, for example a friend, a union
representative, or a solicitor. No one else may
be present except with the agreement of the
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Inspector. The interview is essentially a
matter between the Inspector and the
witness, and the third person must not
interfere with the questioning though he may
make representations on behalf of the
witness.
MAIB Reports of Investigations
16. If an accident or other incident is
investigated, the Inspector will make a report
which may or may not contain
recommendations. Any recommendations
made will be forwarded to those considered
best fitted to implement them.
The report will be made publicly available in
such a manner as the Chief Inspector thinks
best. A number of options are available to
him including publishing it as priced
publication, releasing it to anyone who asks
for it, including the media (for which a small
administrative charge may be made), placing
it on the internet, or summarising the key
features and lessons learned in the MAIB’s
periodic Safety Digest, which is distributed
free of charge.
Provision is made for anyone criticised in the
report to see the draft and to comment on it
before it is finalised and made publicly
available. The Chief Inspector is obliged to
consider any comments received.
Penalties
17. Finally, the Regulations lay down penalties
for breaches of the requirements. These
offences include a failure to report an
accident or serious injury; not providing
information as required; falsely claiming to
have additional information or new
evidence; and failure to preserve evidence.
Penalties for obstructing an Inspector or
otherwise impeding his investigation are laid
down in Section 260 of the Merchant
Shipping Act 1995.
Marine Accident Investigation Branch
Carlton House
Carlton Place
Southampton
Hampshire SO15 2DZ
October 1999
© Crown copyright 1999
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ANNEX 1

ACCIDENTS AND MAJOR & SERIOUS INJURIES

1. An accident means any contingency caused by an event on board a ship or involving a ship
when:

(a) there is loss of life or major injury (see 2 below) to any person on board, or any person is
lost or falls overboard from, a ship or a ship’s boat;
(b) a ship
(i) causes any loss of life, major injury or material damage;
(ii) is lost or is presumed to be lost;
(iii) is abandoned;
(iv) is materially damaged by fire, explosion, weather or other cause;
(v) grounds;
(vi) is in collision;
(vii) is disabled; or
(viii) causes serious harm to the environment.
(c) any of the following occur-
(i) a collapse or bursting of any pressure vessel, pipeline or valve;
(ii) a collapse or failure of any lifting equipment, access equipment, hatch-cover,
staging or boatswain’s chair or any associated load-bearing parts;
(iii) a collapse of cargo, unintended movement of cargo or ballast sufficient to
cause a list, or loss of cargo overboard;
(iv) a snagging of fishing gear which results in the vessel heeling to a dangerous
angle;
(v) a contact by a person with loose asbestos fibre except when full protective
clothing is worn; or
(vi) an escape of any harmful substance or agent,
provided these occurrences, taking into account their circumstances, might have been liable
to cause serious injury or to cause damage to the health of any person.

2. Major injury is a defined accident and occurs when there is:

(a) any fracture, other than to the fingers, thumbs or toes;

(b) any loss of a limb or part of a limb;
(c) dislocation of the shoulder, hip, knee or spine;
(d) loss of sight (whether temporary or permanent);
(e) penetrating injury to the eye; or
(f) any other injury-
(i) leading to hypothermia or to unconsciousness, or
(ii) requiring resuscitation, or
(iii) requiring admittance to hospital or similar for more than 24 hours or if
at sea requiring confinement to bed for more than 24 hours.

3. Serious injury means any injury, other than a major injury, to a person employed or carried in a
ship which occurs on board or during access which results in incapacity for more than three consecutive
days excluding the day of the accident, or as a result of which the person concerned is put ashore and
the ship sails without that person, unless the incapacity is known or advised to be of three consecutive
days or less, excluding the day of the accident.

NOTE : Injuries to shore-based workers while a ship is in a port or shipyard within the United
Kingdom should be reported by the person’s employer to the Health and Safety Executive.
Reports by the master or skipper to the MAIB of such injuries are not required.

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ANNEX 2

REPORTING PROCEDURES

1. Summary (Regulation 5)

INCIDENT INITIAL REQUIREMENT FOLLOW-UP PROCEDURE

Accident Send report within 24 hours by On request, an additional report

(includes Major Injury) telephone, fax, telex or e-mail must be sent to the MAIB
to the MAIB. (See section 3 of using the quickest means available.
this Annex.)

On board examination required*.

Serious Injury Send report to the MAIB

within 14 days, using the
quickest means available.

On board examination required*.

Hazardous Incident No requirement. It is strongly recommended that a

(non-specified) report (IRF or narrative) is sent
to the MAIB.

*By ship’s safety officer, if one is carried.

2. The MAIB’s address is:

Carlton House
Carlton Place
Southampton SO15 2DZ
United Kingdom

Telephone: (Office hours) 023 - 80 - 395500 (UK) + 44 - 23 - 80 - 395500 (Outside UK)

Telephone: (24 hours) 023 - 80 - 232527 (UK) + 44 - 23 - 80 - 232527 (Outside UK)
Fax: 023 - 80 - 232459 (UK) + 44 - 23 - 80 - 232459 (Outside UK)
Telex: 477917 MAIB SO G
e-mail: maib@detr.gsi.gov.uk
Internet: http://www.open.gov.uk/maib/maibhome.htm

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3. Information needed in Reports

(1) Initial reports of accidents should include as much of the following as possible:

(a) name of vessel and IMO, official or fishing vessel number;

(b) name and address of owners;
(c) name of the master, skipper or person in charge;
(d) date and time of the accident;
(e) where from and where bound;
(f) latitude and longitude or geographical position in which the accident occurred;
(g) part of ship where accident occurred if on board;
(h) weather conditions;
(i) name and port of registry of any other ship involved;
(j) number of people killed or injured together with their names, addresses and gender;
(k) brief details of the accident, including sequence of events leading to the accident,
extent of damage and whether accident caused pollution or hazard to navigation.

(2) Follow-up accident reports and initial reports of serious injuries should include the
above information as well as the conclusions of any on-board examination covering the
cause, how a future similar incident might be avoided and what action has been taken or
recommended.

The MAIB’s Incident Reporting Form (IRF) provides a convenient format for reports but
plain narrative giving the above information may be used if the form is not available. As
full an account as possible should be given whether or not the form is used; the list of items
above is not intended to be limiting and any matter should be included which will help to
make the circumstances clear or to show how similar incidents may be prevented.
Sketches, plans and photographs of the damaged areas, taken both before and after the
event, are often helpful and may be attached to the report.

(3) The reports in (2) should be signed by the master, skipper or the owner’s representative,
and by the ship’s safety officer if one is carried.

4. IRFs are available on the MAIB’s website on the Internet.

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