gilheany
The VGP identifies 28 types of incidental discharges which may occur from vessels, including sacrificial anodes, gray water, elevator pit effluent, controllable pitch propellers hydraulic fluid, deck run-off, etc. Recognizing that totally eliminating discharges may be an unachievable goal, the EPA requires vessels to establish and follow best management practices to minimize these discharges, such as wiping galley dishes free of oil and grease prior to placing them in the sink. Of course, there are requirements for record keeping and inspections which must be provided to enforcement personnel upon request in order to verify compliance. Many companies and trade organizations have already established best management practices which have been placed on vessels. The VGP is another form of performance-based regulation such as ISM and ISPS. The same pitfalls are associated with this VGP as are found with other performance-based programs. The key to compliance with performance-based programs is in the implementation and training. Unfortunately, implementation and training levels are usually commensurate with the level of enforcement, which can be inconsistent. Since we do not yet know how the VGP will be enforced, the VGP best management practices may run the risk of becoming another book on the shelf. In order to avoid that situation and the costly penalties associated with it, vessel operators should consider the following: � Draft best management practices in accordance with the VGP which cover all applicable discharges � The best management practices should meet the requirements of the VGP, but be realistic and capable of being implemented � Go through the VGP and produce a comprehensive system of logs and records which will cover every aspect of the VGP including the corrective action - Don't wait until you have something to correct to look at the requirements � Train all vessel personnel on the requirements of the VGP on a regular basis � Keep in mind the intent of the regulation, because that is how enforcement personnel will approach it (For example, if your vessel discharges gray water over the side, and an inspector asks a crewmember what he does with the dishes prior to putting them in the sink - if the crewmember explains about separating garbage, but fails to mention that he wipes each plate free of oil and grease, you could be subject to a violation.)
demarcay hammond
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It remains an unknown as to how much of the other training completed during their military time the Coast Guard will apply toward STCW training and assessments. For now, I think it's safe to say that we need to continue to work closely with the military and the Coast Guard to establish a system that will allow for a fairly smooth transition. If the shortage of officers is as bad as the experts predict, we will all need to become recruiters for our industry and the military can be an excellent source for hard working and experienced men and women.
Although the Government Contractor Defense provides a limited shield of liability for equipment manufacturers, it is a very important area of the law for companies that manufacturer equipment that is sold to the Department of Defense. As everyone in the industry is aware, the military tends to purchase equipment that is used under harsh circumstances and by users of a wide range of abilities. As such, the prospect of a potential product liability claim is much higher in this setting than it would be in a normal commercial transac-
tion. Essentially, vessel builders and their component equipment manufacturers can save a significant amount of money in the event of a product liability claim if they can show that the government was involved in the design process. Even if the government was not involved in the original design process, get them involved in understanding and ratifying your design before the order is placed. Although the government's involvement may seem like a hassle on the front end, it could save you millions of dollars on the back end.
24 MN
May 2009