Cabin Inspection

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Halifax_Stoker
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Cabin Inspection

Postby Halifax_Stoker » Mon Jun 02, 2014 9:25 am

Hey Guys,

Not really important but I am trying to settle an argument. I am looking at the regulations for Cabin Inspections. Anyone know where I may find them? The discussion is do the Captain have the authority to Search a Cabin without the knowledge of the Seafarer who lives in that Cabin. My Obvious Answer was NO, but I actually do not know where to look to find out the actual regulations and violations....

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Big Pete
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Re: Cabin Inspection

Postby Big Pete » Mon Jun 02, 2014 4:11 pm

Hi Halifax Stoker,

The Captain/ Master of the ship always has the right to search any space on his ship. He is legally responsible for making sure that his ship complies with International, Flag state & Port State Laws and Regulations as well as those of the Shipping Company, Charterers and Classification society. He has to be able to verify that there are no stowaways, contraband such as weapons, drugs alcohol, tobacco, pornography etc. on board.

However, any crew member whose cabin is being searched has the right to be present while the search is being carried out, both to make sure that nothing is "planted" in his cabin and that nothing is stolen.

I could not tell you where these Rules are written down, that is just the accepted normal code of behaviour since I came to Sea 40 odd years ago.

There are several Surveyors posting on this site who can usually be relied on to quote chapter and verse on any legislative issues and I am sure one of them will volunteer detailed information.

BP
It is always better to ask a stupid question than to do a stupid thing.

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Halifax_Stoker
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Re: Cabin Inspection

Postby Halifax_Stoker » Mon Jun 02, 2014 5:26 pm

I am not arguing the Masters right to search the ship. But the Canadian Marine Act states that any representative of the Canadian Government, ( Captain Via Transport Canada, and Chief in the Captains Absence) Has the authority to search his vessel and private quarters with the assistance of the crew member residing in that quarters or with that seafarers knowledge or permission. If the master believes there to be something illegal in that cabin he has the full right to contact an authority to come on board with a warrent to search.... So I believe it is in fact illegal for a Captain just to enter cabins without the crews knowledge... As much as I appreciate your input BP you as well as I know that just because something is done a certain way for years does not make it the correct way. How many ships have I seen maintenance slack on, yet the easiest excuse is it has been that way for years.... Thanks

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JollyJack
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Re: Cabin Inspection

Postby JollyJack » Mon Jun 02, 2014 7:31 pm

From the Maritime Occupational Health and Safety Regulations.

http://laws-lois.justice.gc.ca/eng/regu ... ml#docCont

Section 1 “crew accommodation”

“crew accommodation” means living, eating, recreational or sleeping quarters provided by an employer for the accommodation of employees on a vessel. (logement de l’équipage)

Section 7 says

7. (1) Every employer must (ensure)

(2) Crew accommodation must meet the requirements and the related provisions on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board vessels, and provide an acceptable occupational and on-board living environment for employees.

If it takes Sunday rounds to comply with 7 (2), so be it.
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Halifax_Stoker
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Re: Cabin Inspection

Postby Halifax_Stoker » Mon Jun 02, 2014 10:30 pm

Again, We are not arguing the need for need for the Master to conduct rounds. We all know this is a necessary process. The discussion was if the Master has the right to enter a Private Quarters without the knowledge of that Crew Member who resides there... Even the Master on this vessel admits that he thinks he can but is unaware of the actual article which states he can... It was just a discussion about a tall tale of a guy getting off with having illegal drugs in his cabin because he was unaware of a search until after the fact. I cannot find any legitimacy to the tale, and also cannot find any clear answer to the question.... I know I have only been doing this for about 15 years but every vessel I have sailed on the Master has always told the crew that him and a Deckhand would be doing cabin inspections.... Obviously no one objected but I have never experienced an inspection where the was no notification before hand so cannot speak of experience.... But I am happy to see this has others thinking and not just me. Thanks for all the feed back...

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JK
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Re: Cabin Inspection

Postby JK » Tue Jun 03, 2014 9:15 am

the only time I saw a ship searched, the RCMP did it . But, it was a government ship..

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The Dieselduck
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Re: Cabin Inspection

Postby The Dieselduck » Tue Jun 03, 2014 11:49 am

I think this is a perfect example of regulations not keeping up with the times. It is a good discussion to have because there are certain implications that are no longer accepted in "regular" work environments, that are still practices on-board cabin inspections being one of them.

I believe that there are no regulation about your privacy, that's why it has not come up yet in this forum. Of course the captain has the right to search "his" ship but under what pretexts and to what extend, why - this might not seem like a relevant discussion, but sexual harassment or just regular old harassment is becoming more and more regulated and exposed to the light of penalties. Its occurrences should not, are not as accepted as they were, say 40 years ago. Which means, what is acceptable? I dont think there is any specific regulations, especially not in Canada, but I think there should be at least some guidelines.

A good point Stoker.
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JK
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Re: Cabin Inspection

Postby JK » Tue Jun 03, 2014 2:09 pm

I agree with the regular cabin inspections for regulatory reasons, so I differ from you. More then cleanliness is being looked at. You sign on a ship knowing this will happen and that customs will go through everything in your cabin when they come on in Antwerp. The thing is we live where we work, so things are different.

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JK
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Re: Cabin Inspection

Postby JK » Thu Jul 10, 2014 4:17 am

This topic reminded me of a rather humorous incident on one of the ships I worked on. We were in dock at Malta and getting ready to float the ship and sail back to Canada. The Mate was in a tizzy because one of the charts they needed for the trans-Atlantic passage was missing. (Pre-electronic chart era). If I remember correctly it was was the Gnomonic chart used to plot the circle passages.
A emergency order was put in with the ship agent and a replacement brought in a great cost.
The ship floats, we do the sea trial and head on our way. Fast forward to Sunday and ship rounds. The Captain and same Mate enter one of the deckies cabin and on the bulkhead, in all it's glory, was the missing chart. Captain was a short tempered Irish man, he just about blows a gasket. It turned out that one of the watchkeeping mates gave it to this fellow, not realizing how important it was. The Mate told me the story later on, while stuck between laughing and being irritated that the new watchkeeper had given the chart out LOL.


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