The United States Coast Guard has updated CG-CVC Policy Letter 23-05 in providing guidance on surveillance requirements for certain commercial vessels that do not carry passengers.
“The Coast Guard and maritime stakeholders recognize the importance of creating safe and respectful working environments and eliminating sexual assault and sexual harassment from the maritime industry. Many initiatives and measures have been implemented to address these issues and promote a zero tolerance for such behavior.”
This policy applies to all commercial vessels that do not carry passengers, specifically those with overnight accommodations for at least 10 people on board, on a voyage at least 600 miles and crosses the Boundary Line or is at least 24 metres/500 gross tons. However, it excludes certain commercial fishing vessels.
Video and audio surveillance equipment
Vessels that meet this policy applies to must install video and audio surveillance equipment no later than 23 December 2024, or during its next scheduled drydock, whichever is later.
Surveillance equipment must be placed in any passageway into which stateroom doors open. They must be positioned in a way that ensures every door in the passageway is entirely visible and allows continuous monitoring of those doors.
Video surveillance equipment must be of a quality to identify people and their actions clearly under ambient lighting conditions. The quality of the audio equipment must be able to reasonably discern conversations and words spoken in foreseeable ambient noise conditions. If necessary, noise-cancelling technology should be considered.
Notice of video and audio surveillance
The owner should “provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment.”
The signs should be displayed in easily accessible areas and placed at eye level. The notices should be an appropriate size, clearly visible at a distance and durable. The statements in the notices should be clear, concise and easy for everyone to understand.
Retention of surveillance records
The owner should “retain all records of audio and video surveillance for not less than 1 year after the footage is obtained. Any video and audio surveillance found to associated with an alleged incident should be preserved for not less than 5 years from the date of the alleged incident.”
For retention purposes, the policy allows technology that only records human activity, so as to limit data storage.
Retained records must be able to show accurate date, time and locations.
Training
The owner of the vessel should “provide training for all individuals employed by the owner or employer for the purpose of responding to incidents of sexual assault or sexual harassment.”
The training should ensure personnel retain records objectively, and they should impartial. Personnel should also understand federal, state, tribal and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements.
Detailed records should be kept of all training sessions. Details should include the date and location of the training, the topics covered, and personnel present for the training. If the vessel has a Safety Management System (SMS), the company and vessel policies and procedures for conducting and documenting training must be included in the SMS.
Read the policy in full, including enforcement, here: Policy Letter 23-05, Change 1
