Who runs the investigation when there is a casualty?

The flag state of the involved vessel is the lead investigator under the Casualty Investigation Code (IMO Resolution MSC.255(84)) and SOLAS XI-1 Reg. 6. Coastal states with substantial interest, recovery states, and other 'substantially interested states' may participate. Investigations are NOT for assigning legal liability; they are conducted under safety-investigation principles to learn lessons and prevent recurrence.

What must be reported and to whom?

Every 'very serious marine casualty' (loss of life, total loss, severe pollution) must be notified to the flag state without delay, with a copy to IMO via GISIS. Serious marine casualties (substantial damage to ship, environment, or life-threatening injury) likewise. Less-serious casualties and incidents may be notified per flag-state rules. The Master enters the casualty in the OLB; the company DPA notifies flag state and class within hours.

What evidence must be preserved?

VDR/S-VDR data — preserve the recording immediately (the unit auto-records 12-30 hours; if not preserved, the next round of recording overwrites it). ECDIS playback, CCTV, ship's emails / messages, OLB entries, alarm/event logs, manoeuvring orders, ENG-room data logger, weather data, manning lists, certificates, drug & alcohol test results. Anything that might bear on the casualty. Take photos before clean-up.

Can I be compelled to give a statement?

Under the Casualty Investigation Code Section 23, statements made to safety investigators are confidential and may not be used for disciplinary, civil, criminal, or administrative proceedings against the seafarer except where a competent authority specifically determines otherwise — to encourage candid testimony. National regimes (MAIB, NTSB, ATSB, TSB) follow this protection. Separately, port-state criminal investigators may compel statements; consult the P&I correspondent before speaking on the criminal track.

Where are casualty reports published?

IMO's GISIS Marine Casualties module publishes flag-state-submitted reports. National authorities — MAIB (UK), NTSB (USA), ATSB (Australia), TSB (Canada), Bahamas Maritime Authority, RMI, Liberia, Norway AIBN — publish their own findings on their websites. Major casualties typically take 12-24 months to publish; lesson-learning circulars are issued at IMO MSC level following systemic findings.

Accident investigation — IMO Casualty Investigation Code

IMO Resolution MSC.255(84) — the Casualty Investigation Code — sets the international framework for safety investigations into marine casualties and incidents. Mandatory under SOLAS XI-1 Reg. 6 since January 2010. The Code distinguishes between 'safety investigation' (lesson-learning, confidential statements) and other proceedings (criminal, civil, administrative) which run on separate evidentiary tracks.

Casualty categories

Very serious marine casualty — loss of life, total loss of ship, or severe pollution. Mandatory investigation by the flag state and notification to IMO GISIS.
Serious marine casualty — substantial damage, immobilisation of main propulsion or other propulsion that prevents service; significant injuries or pollution. Investigation expected.
Less-serious marine casualty — discretionary investigation by flag state.
Marine incident — event or sequence of events that could have endangered ship, crew, environment, or property. Investigation discretionary; near-miss reporting encouraged.

Master's first actions

1. Ensure safety of crew, vessel, environment in that order.
2. Notify the company / DPA. The DPA notifies flag state, class, port state where casualty is in territorial waters, and the P&I correspondent.
3. Preserve VDR/S-VDR — operate save function or de-power the recorder; the data integrity must be maintained.
4. Preserve all evidence: ECDIS, CCTV, OLB, ENG-room log, alarm logs, charts, weather data, deck and engine work permits, drug & alcohol test results.
5. Open a casualty file: photographs of damage / environment, witness list, sequence of events while still fresh.
6. Statements: encourage crew to make their statements truthfully to the safety investigator. Make a separate, more cautious approach to any criminal-track investigator after consulting the P&I correspondent.
7. Continue to log events as they unfold in the OLB until the situation is stabilised.

National investigation bodies

MAIB (United Kingdom) — Marine Accident Investigation Branch; investigates UK-flag casualties worldwide and others in UK waters.
NTSB (USA) — National Transportation Safety Board; covers vessels in US waters and US-flag worldwide.
ATSB (Australia) — Australian Transport Safety Bureau.
TSB (Canada) — Transportation Safety Board of Canada.
BSU (Germany) — Bundesstelle für Seeunfalluntersuchung.
BMA / Liberia / RMI / Panama — large flag administrations; commission independent investigators (often class society or specialist firms) when their flag is involved.
AIBN Norway, DAIB Denmark, Onderzoeksraad Netherlands — strong investigative bodies often called in for cross-border casualties.

Statement protections

Casualty Investigation Code Section 23 makes statements given to safety investigators confidential and inadmissible in civil / criminal / administrative proceedings against the seafarer, except where a competent authority specifically determines that the public interest of disclosure outweighs the public interest in encouraging future testimony. This protection applies to the safety-investigation track only. A separate statement to a port-state criminal investigator (e.g. local police or coast-guard prosecutor) is on a different track — request P&I-correspondent and union-rep involvement before speaking.

Sources: IMO Resolution MSC.255(84) (Casualty Investigation Code); SOLAS XI-1 Reg. 6; IMO Resolution A.1075(28) (Casualty Investigators' Code); IMO MSC-MEPC.3/Circ.4/Rev.1 (Casualty reporting). National sites: MAIB, NTSB, ATSB, TSB. See also distress procedures, COLREGs, CSR.

Last verified 4 months ago