Consultation outcome

10a. Deck -Marine Law and Management An Introduction

Updated 5 July 2023

Nautical - STCW II/1 CoC
Competency/ Module: Marine Law and Management: An Introduction	Competency: Monitor compliance with legislative requirements
Knowledge, understanding and proficiency	Recommendation of working group regarding the outcome and objective.	Rationale	Action required
Outcome 1: Explain the systems of law and guidance operating at national and international level.	Keep	Relevant	None
1.1 The English legal system including statute law, common law and application of international law	Keep	Relevant	None
1.2 Criminal and civil law including examples and court procedures	Keep	Relevant	None
1.3 Legal and non-legal regulations and compliance	Keep	Relevant	None
1.4: Awareness of legal and practical implications of working on a foreign flagged vessel.	Add	It is essential for all seafarers work on foreign flagged vessels to be aware of this topic.	Add this outcome to the module
1.5 Awareness of progressive development of national and international standards.	Add	It is important for seafarers to have an awareness of how and why these standards are developed and implemented	Add this outcome to the module
1.6 Awareness of Human Rights legislation applicable on board	Add	It is essential for all seafarers to have an awareness of the Human Rights legislation that applies to them and others at sea.	Add this outcome to the module including: Understanding your rights as a seafarer/skills to be able to speak up when things aren’t right (and sign posting – what to do/who to tell).
Outcome 2: Describe the legal and guidance regulations relating to different areas of operations and safe practices on-board a ship	Keep	Relevant	None
2.1 Content and application of current maritime legislation relating to safety, environmental protection and quality	Keep	Relevant	None
2.2 Content and application of current maritime legislation relating to employment, certification and training of seafarers	Keep	Relevant	None
2.3 The source and content of legislation and guidance concerning operational procedures and practices	Modernise	Electronic records are becoming more commonplace on board, candidate should be made aware of them.	Include recent developments such as blockchain integration and digitalisation of records (e.g. e-Bill of Ladings)
2.4 Implementation of standards through port and flag state control	Keep	Relevant	None
2.5 Record keeping and providing evidence on occurrence of incidents	Modernise	The ‘culture of adjustment’ report highlighted that there is a widespread culture of changing records to fit in with the regulations, rather than viewing recording as a way to monitor what is really happening, and change practices based on this. There should be continuous, dynamic risk assessment based on accurate records. The candidate requires an understanding that compliance with regulations is important, but are the minimum level required. Ships should always be aiming higher, particularly with safety.	Include the necessity for accurate record keeping.
2.6 Awareness of the commercial role and legal responsibility of the master in vessel operations	Add	Giving candidates an understanding of the commercial role and legal responsibilities of the Master will help them understand the Master’s decision making process and inform their own decision making process.	Add this outcome to the module
Outcome 3: Analyse leadership and management techniques used on-board and explain factors affecting management of personnel on-board at the operational level.	Keep	Relevant	None
3.1 Shipboard and shoreside management structures	Keep	Relevant	None
3.2 Principles of management adopted on-board ship	Modernise	It is important to make sure Cadets clearly understand how the outcome relates to work at sea and it is essential to make sure that this context is given with reference to current and future seagoing technologies and practices.	Include how the principles of management are relevant to maritime law and provide examples of how they are relevant on board. Industry feedback to ensure authority and assertiveness included in the academic guidance document for this module.
3.3 Applying management techniques in the workplace	Modernise	Seafarers need to understand the impact and purpose of applying management techniques, is it for: - Getting the job done? and/or; - Getting the most out of people? and/or; - Seeing workers thrive? They will need to know the most effective techniques in different situations.	Modernise to reflect updated content of the HELM Course. Industry feedback to ensure authority and assertiveness included in the academic guidance document for this module.
3.4 The importance of a safety conscious, communicative environment	Modernise	To provide seafarers with a contextualised understanding of the Human Element in the maritime industry, showing how they can put theory into practice in the work they carry out at sea.	Include the following criteria from the updated content of the HELM Course: - The importance of a generative safety culture - The importance of communication in maintaining safety - Recognising how procedures, policies and culture impact safety
3.5 Awareness of requirements for response to bullying, harassment, Sexual Assault and Sexual Harassment (SASH)	Add	This is due to be added to the STCW competency table for Personal Safety & Social Responsibilities. This is an essential outcome to be covered and we should be ahead of the curve in implementation	Add this outcome
3.6 Awareness of the concept of Psychological Safety	Add	This has been discussed at the International Maritime Organization’s Sub-Committee on Human element, Training and Watchkeeping (HTW) 9 in February 2023. It is an essential outcome to be covered and we should be ahead of the curve in implementation.	Add this outcome
Proposal submitted by:	Any other outcomes for this competency, above and beyond STCW which would be needed due to use of modern technology and impact of future fuels onboard:
	Objective	Reason Why	Action required
Cadet Training and Modernistion working Group	Outcome required to expand seafarer’s knowledge of the wider industry and how they gain transferable skills.	To broaden the candidate’s understanding of the maritime industry as a whole and how their role impacts other areas. This will also help candidates understand potential career paths they could follow within the industry, using the technical and soft skills gained while at sea.	Introduce a new outcome to cover the knowledge of the wider maritime industry and the transferable skills seafarers gain. This could include talks from maritime industry representatives.
Cadet Training & Modernisation Working Group	Include Human Element Factors throughout the syllabus	To provide seafarers with a contextualised understanding of the Human Element in the maritime industry, showing how they can put theory into practice in the work they carry out at sea.	Raise awareness throughout the Cadet’s training of the areas in which human element factors will have an impact. Recommendations on where this can be included have been noted throughout the entire syllabus. Not every template has Human Element Factor recommendations but please do add any you feel may have been missed.
Cadet Training & Modernisation Working Group	Include Data Science skills throughout the syllabus	Data Science Skills (Comprehension, Analysis, Presentation, etc…) are already required within much of the syllabus. A further, specific focus on these skills needs to be taught where relevant.	A specific topic will need to be introduced to improve Cadets’ Data Science skills. Practical application of data science skills should be highlighted throughout the syllabus. Not every template has Data Science recommendations but please do add any you feel may have been missed.
Cadet Training & Modernisation Working Group	Ensure all outcomes are contextualised to help Cadets understand what they are learning in relation to what they will experience at sea.	While some outcomes are intrinsically linked to work carried out at sea, some need to be contextualised to show how they apply to work on board. Where this is the case, it is important to make sure Cadets clearly understand how the outcome relates to work at sea and it is essential to make sure that this context is given with reference to current and future seagoing technologies and practices.	Where outcomes do not specifically cover a topic which relates to work carried out at sea, more must be done to contextualise the outcome and make it relevant to the maritime industry, giving specific shipping examples of how the outcome may be applied in a modern shipping context. Not every template has contextualisation recommendations but please do add any you feel may have been missed.