April 15, 2011
I was talking with a captain recently about whether yacht crew fully understood the tremendous amount of responsibility they bear whilst working on a yacht. We both agreed that most crew probably do not.
Captains and crew have a much greater responsibility than they think. Crew have a primary duty and an obligation to maintain the vessel in a safe and seaworthy condition. It may sound obvious but overlooking this one vital aspect of the job can jeopardize the safety of all on board and can cost the owners untold amounts of money.
Each insurance contract contains a “Warranty of Seaworthiness.” A warranty is a term of the insurance policy whereby the owner warrants (promises) that a state of fact exists or is stated to exist and he promises to do or not do something to fulfill or not to fulfill some condition. “Seaworthy” means safe, secure and fit for operations within the scope of her intended use.
So a warranty of seaworthiness is a promise by the owner that the vessel is safe and seaworthy. If he breaks this promise, it can void his insurance.
To maintain the vessel in a safe and seaworthy condition, the owner needs help, which is why the owner hires people to help fulfill this promise. Those people are the crew.
Yacht captains and crew should not underestimate the significance of what they do on board. Someone they don’t know and may never meet has placed trust in them to do their job to maintain the vessel in a safe and seaworthy condition to protect his financial interests.
That’s right – I said a crew member’s job is to protect an owner’s financial interests. The crew are the owner’s vital link between running a safe and seaworthy boat or potentially losing millions of dollars while at the same time jeopardizing the safety of all on board.
The MCA, in a document titled “Leading for Safety,” states “… this means showing that the safety of crew and passengers is placed above everything else… Make it clear to both superiors and subordinates that you are empowered to act according to your own judgment on safety matters, without sanction from others.”
So what are crew to do if an owner who may have forgotten his promise to keep the vessel seaworthy makes it difficult for crew to do so?
Crew should bring any real or potential safety/seaworthiness issues to the attention of their superior or the captain and document the details of the issue.
Simple stuff: If it smells odd, looks odd or doesn’t operate properly, report it. If it’s out of date, report it. If something was not repaired correctly by a former crew member, report it.
I do not recommend usurping authority or going over anyone’s head. Follow the chain of command until there is a satisfactory resolution, remembering all the while that vessels shouldn’t be seaworthy for owners and guests exclusively, but for captains and crew as well.
Owners and captains know that if a problem is brought to their attention and they fail to act appropriately to remedy the situation, they could be on the hook for any damages as a result of their failure to act (also called “negligence).
Regardless of their position on a boat, yacht crew have an implied and inherent obligation to provide owners, guests, clients and fellow crew a safe and seaworthy vessel. Their job is to work toward this end. This should be a crew member’s No. 1 priority – and never minimized.
Owning a yacht takes desire and dedication, and it is more than simply wanting to be on a big boat and hang out in the sunshine. The same can be said for working on board a yacht.