Enacted as part of the National Defense Authorization Act for Fiscal Year 2023, the Safer Seas Act (SSA) addresses the prevention of sexual assault and harassment (SASH) in the maritime industry. Prompted by the 2021 Midshipman-X scandal, which highlighted severe instances of sexual misconduct aboard vessels, the SSA implements crucial changes that apply to all Merchant Mariner Credential (MMC) holders and maritime industry employers. For those in the maritime field, understanding the SSA’s new mandates on reporting, training, and compliance is essential to maintaining MMC eligibility and a safe work environment.

What is the Safer Seas Act?

The Safer Seas Act introduces several sweeping reforms designed to combat sexual misconduct aboard U.S.-flagged vessels. The SSA requires vessel owners and operators to meet strict standards in SASH incident reporting, employee training, video surveillance, and security protocols. The Act also grants the U.S. Coast Guard (USCG) the authority to revoke or suspend the credentials of those found guilty of SASH offenses. Much of the SSA’s framework is already in effect, making compliance an immediate priority for mariners, vessel owners, and operators alike.

Key Areas of the Safer Seas Act:

  1. Enhanced Reporting Requirements: The SSA mandates that vessel owners, operators, masters, and employers promptly report incidents of sexual harassment or assault, with penalties for non-compliance.
  2. Increased Surveillance and Security Protocols: Surveillance systems are now required in certain areas of the vessel, and a master key control system must be in place for added security.
  3. Mandatory SASH Training: The SSA requires annual training on SASH prevention, reporting, and response for all mariners, which must be documented in the vessel’s Safety Management System (SMS).

Employer Responsibilities Under the Safer Seas Act

Following the SSA, the USCG has issued specific guidance through Marine Safety Information Bulletins (MSIB) 1-23 and 13-23, along with various policy letters. These guidelines outline the Coast Guard’s expectations and provide essential information for the maritime industry on compliance, reporting, and training.

Failure to comply with these requirements can have serious consequences, including financial penalties and the potential suspension of a vessel’s Document of Compliance (DOC) or Safety Management Certificate (SMC).

Mandatory Reporting Requirements

The SSA imposes significant penalties for failure to report SASH incidents promptly. If the responsible entity of a vessel fails to report a SASH incident, it may face a civil penalty of $25,000, plus $500 for each day of non-compliance, up to a maximum of $50,000 per violation.

Reporting Responsibilities

  • Who Must Report: The SSA requires vessel owners, operators, masters, and employers of seafarers to report all complaints and incidents of harassment, sexual harassment, and sexual assault.
  • What to Include in a Report: The report must contain specific information, such as the name and contact details of the reporting party, vessel information, time and date of the incident, and a brief description of the alleged misconduct.
  • When to Report: Reports must be made immediately upon knowledge of a SASH incident. Within 10 days, a “Company After-Action Summary” must also be submitted, detailing the actions taken in response to the report and any investigation results.

Reporting Channels

Reports should be made to:

  1. USCG’s CGIS Tips Line: Via email at CGISTIPS@uscg.mil or by calling the National Command Center 24/7 at (202) 327-2100.
  2. Local Authorities: For incidents in foreign waters, reports must also be filed with the relevant local authority.

Personnel Training Requirements

The SSA mandates that all vessel owners and employers integrate SASH prevention policies into their Safety Management System (SMS) manuals and conduct annual SASH training. This training must cover topics such as prevention, bystander intervention, reporting procedures, and investigative response.

Impact on MMC Holders: Annual training is now a requirement for MMC eligibility. Failure to meet this training obligation could impact credential renewals and overall compliance.

Surveillance Requirements & Response Training

To enhance safety, the SSA requires the installation of video and audio surveillance systems on certain vessels by December 23, 2024, or at the vessel’s next dry docking. Surveillance systems must cover passageways leading to staterooms and be maintained for a minimum of one year. Records related to any SASH incident must be preserved for at least five years.

Vessels Required to Comply

This surveillance requirement applies to:

  • Documented vessels with accommodations for 10 or more individuals on board and engaged in voyages over 600 miles that cross seaward of the Boundary Line or on voyages of at least 72 hours on the Outer Continental Shelf.
  • International Voyages: Documented vessels of 500 gross tons or more.

The USCG has provided guidance in CG-CVC Policy Letter 23-05 on compliance and installation standards.

Master Key Control System

The SSA also requires applicable vessels to implement a master key control system, which helps safeguard crew safety by regulating access to staterooms and personal spaces. CG-CVC Policy Letter 23-06 provides guidance on how vessels should manage this new requirement, ensuring master keys are used responsibly and documented within the SMS.

Safety Management System (SMS) Documentation

The SSA mandates that companies include documented policies and procedures in their SMS to ensure full compliance with reporting and after-action requirements under 46 U.S.C. § 10104. The SMS should now reflect company policies, reporting channels, and response protocols for SASH incidents, with investigatory audits potentially conducted by the Coast Guard to enforce compliance.

Display of Information in Crew Berthing Areas

Under the SSA, vessels must prominently display SASH reporting information in all crew berthing and washing areas. This ensures that all personnel are aware of reporting channels and company policies regarding SASH incidents. CG-CVC Policy Letter 23-04 offers initial guidance on implementing these requirements.

Steps Mariners and Employers Can Take to Ensure Compliance

For those affected by the Safer Seas Act, taking proactive steps is essential to ensure compliance with these new regulations:

  1. Document Everything: Maintain thorough records of training, incident-free service, and all actions taken in response to SASH incidents. This documentation can be crucial during MMC renewals or Coast Guard audits.
  2. Report Incidents Promptly: Failing to report can result in penalties and could harm the responsible entity’s standing with the Coast Guard.
  3. Stay Updated on SASH Training: Completing annual SASH training is now a mandatory compliance step, so staying current demonstrates your commitment to a safe working environment.

How NSLF Can Help You Navigate the Safer Seas Act

The National Security Law Firm (NSLF) is experienced in navigating the complex requirements of Coast Guard regulations, including the Safer Seas Act. If you’re an MMC holder or employer needing guidance on compliance, training, or reporting under the SSA, our team is here to assist. We can help you understand your obligations, meet training requirements, and ensure your policies are in line with the SSA’s stringent standards.

For more information or to schedule a consultation, contact NSLF today.

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