In response to the COVID-19 pandemic, the United States Coast Guard’s (USCG’s) Inspection and Compliance Directorate has released a series of marine safety information bulletins (MSIBs) to keep the marine industry informed and provide guidance for the continued safe operation of the maritime transportation system.
The MSIBs detail key maritime issues associated with the COVID-19 pandemic including, but not limited to, reporting requirements for illness or death, vessel inspections, exams, documentation and federal drug testing requirements.
Broadly speaking, MSIBs 02-20: Novel Coronavirus Update (Change 3) (as amended) and 06-20: Vessel Reporting Requirements for Illness or Death provide updates and guidance to commercial vessels in relation to COVID-19 policies and procedures. According to MSIB 02-20, the USCG is requiring commercial vessel crews to immediately notify the USCG captain of the port (COTP) if anyone, regardless of where they have been or who they have interacted with, shows symptoms of COVID-19 or other flu-like illnesses. In addition, “vessels destined for a U.S. Port are required to report to the CDC any sick or deceased crew/passengers during 15 days prior to arrival at the U.S. port” and “U.S. flagged-commercial vessels are also advised to report ill crewmembers in accordance with the requirements of each foreign port called upon”. MSIB 02-20 further suggests that vessel owners and operators and local stakeholders review and be aware of the current regulations on vessels during the COVID-19 pandemic, including the no sail order issued to all cruise ships and the policies governing non-passenger commercial vessels entry into the United States.
MSIB 06-20 reiterates the importance of reporting the illness of persons on board a vessel to both the USCG and the Centre for Disease Control and Prevention (CDC). Further, MSIB 06-20 defines an ‘ill person’ using the criteria of Section 71.1 of Title 42 of the Code of Federal Regulations and states that:
“Vessels or masters that do not immediately report illness or death among passengers or crew may face delays and disruption to passenger and cargo operations including a requirement to return to the previous port after sailing.”
In addition, vessels and masters may also be subject to USCG enforcement action, including civil penalties, vessel detentions and criminal liability.
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