Inquest recommendations accepted by locals
Direction of Dept. of Transport a cause of concern for some
By CHRISTINA BERNARDO
Posted 3 years ago
The owner of a marine contracting business is pleased with the jury's recommendations into the inquest of a 2004 boating accident.
A coroner's jury has recommended stricter licencing and safety requirements for the more than 50,000 small commercial vessels operating in Canadian waters.
The jury's recommendations were made last month after a four-day inquest into a boating accident at Payette Island, near Honey Harbour, on Dec. 10, 2004, in which 39-year-old Eugene Bovingdon drowned after the work-boat he was aboard capsized. Three other men aboard the vessel reached shore safely.
"Almost four years ago we were saddened by the loss of employee Eugene Bovingdon," said Armin Grigaitis, owner of A and A Services and Marine Contracting Limited.
"All those feelings and emotions were rekindled for staff and family and we extend our heartfelt condolences to Eugene's family."
He said the business and its employees continue to work with the Ministry of Labour, Transport Canada, the Construction Safety Association and fellow colleagues in the marine construction industry to establish improved safety protocols for all workers who travel on the water.
"Our hope is Eugene's passing will induce more people in the industry to work with these same agencies," he said.
Although he is concerned that Transport Canada, in the last few years, has moved to a self-inspection program rather than expert inspection services for these types of vessels.
Grigaitis said his company will continue to diligently bring to the forefront the areas of concern for the marine construction industry.
Although not familiar with the accident, Michael Dubeau, co-owner of Midland Tours, said any recommendations that are going to better the safety of passengers and employees should be taken seriously.
"There should be no short cuts for safety."
He said with larger passenger vessels, the industry has gone through safety changes "as a result of things that have happened like the drowning of the students in Tobermory."
He said Transport Canada needs to be aware of the number of commercial vessels that are in the marketplace, and the ones that are registered and not registered.
"The biggest problem is the cutbacks," he said. "Transport Canada just doesn't have the personnel to be out in the marketplace to do the things that these recommendations are asking for."
Midland Tours features the Miss Midland 30,000 Islands Boat Cruises on Muskoka-Georgian Bay, Serendipity Princess Barrie Boat Cruises on Kempenfelt Bay, Casino Rama tour packages, and escorted motor coach day and overnight Tours.
The jury does not make any finding of legal responsibility and its recommendations are not legally binding.
RECOMMENDATIONS:
* The owners of small commercial vessels should form an association to communicate with Transport Canada, to communicate safety expectations and to expedite safety training.
* In water conditions of 15 degrees Celsius or below, a cold water immersion suit should be worn by all persons on a small commercial vessel up to 15 gross tonnes.
* Safety equipment should be standardized on all small commercial vessels under 15 gross tonnes.
* All vessels under 15 gross tonnes that have the potential to be used as cargo or passenger boats should be registered as small commercial vessels.
* Information pertinent to registering a small commercial vessel should be readily available from Transport Canada to the public through sites such as Service Canada outlets, selected marinas, and the marine policing units.
* Transport Canada should ensure that all registered small commercial vessel owners are provided with relevant safety information. This will include current regulations, acts, ship safety bulletins, contact numbers where owners might seek assistance, the Small Vessel Monitoring and Inspection Program, and the Small Commercial Vessel Safety Guide.
* Every small commercial vessel owner is required to license their vessel with Transport Canada and renew the licence every four years.
* A licence will not be granted unless and until the small commercial vessel passes an inspection by Transport Canada or authorized accredited marine personnel.
* All new small commercial vessels up to 15 gross tonnes need a conformity plate permanently attached to the transom. This plate would state a safe working load, maximum number of passengers, date of inspection, and expiry date within four years of inspection.
* No modification shall be made to a small commercial vessel up to 15 gross tonnes without prior authorization by Transport Canada. Upon completion of the modification, the vessel shall be inspected by Transport Canada or by authorized, accredited marine personnel.
* All small commercial vessels up to 15 gross tonnes in Canada are required to have liability insurance as stated in recommendation # 37 of the True North inquest.
* Owners of small commercial vessels up to 15 gross tonnes should pursue all available means to ascertain safety requirements and regulations pertaining to their particular vessels.
* Automatic or floating switch bilge pumps should be installed in every small commercial vessel up to 15 tonnes.
* Owners of small commercial vessels up to 15 gross tonnes and employees should be required to take The Small Vessel Operator Proficiency Course and The Marine Emergency Duties Course in order to educate themselves about water safety and emergency situations.
* During winter months, owners of small commercial vessels up to 15 gross tonnes and employees should obtain weather forecast updates throughout the day.
* There should be harsh penalties for non-compliance with occupational safety or marine safety laws or regulations.
* Amend the Canada Labour Code and encourage provincial labour jurisdictions to broaden the definition of "workplace" so that it will encompass transportation to and from a job site if that transportation involves travel on water, air or land where a Highway Safety Act does not apply.
* Every small commercial vessel up to 15 gross tonnes should be equipped with a VHF radio and the vessel's operator should file a sailing plan before the vessel's departure.
* Every small commercial vessel up to 15 gross tonnes should be equipped with an electronic position-indicating radio beacon (EPIRB).
* Transport Canada should develop partnerships with third parties (eg. accredited marine mechanics, marine architects, or marine surveyors) to inspect small commercial vessels up to 15 gross tonnes, with assistance and advice from Transport Canada inspectors.