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Safety Recommendation Details

Safety Recommendation M-07-007
Details
Synopsis: About 1155 central daylight time on the day of the accident, the uninspected towing vessel Miss Megan was pushing two deck barges in Louisiana’s West Cote Blanche Bay oil field, en route to a pile-driving location. Construction barge Athena 106 was tied along the port side of deck barge IBR 234, and the Miss Megan was secured astern of IBR 234. While the vessels were under way, the aft spud (a 5-ton steel shaft used as a mooring device) on the Athena 106 released from its fully raised position. The spud dropped into the water and struck a submerged, buried high-pressure natural gas pipeline. The resulting gas release ignited and created a fireball that engulfed the towing vessel and both barges. The master of the towing vessel was killed, along with four barge workers. The Miss Megan deckhand and one barge worker survived. One barge worker is officially listed as missing. +
Recommendation: TO THE UNITED STATES COAST GUARD: Review and update your memorandum of understanding with the Occupational Safety and Health Administration to specifically address your respective oversight roles on vessels that are not subject to Coast Guard inspection.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Marine
Location: Franklin, LA, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA07MM001
Accident Reports:
Fire Aboard Construction Barge Athena 106
Report #: MAR-07-01
Accident Date: 10/12/2006
Issue Date: 7/11/2007
Date Closed: 2/4/2013
Addressee(s) and Addressee Status: USCG (Closed - Acceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: USCG
Date: 2/4/2013
Response: The NTSB notes that the Coast Guard, in consultation with OSHA, reviewed the MOUs between the two agencies and determined that it is not necessary to update the MOUs at this time. On January 5, 2011, in response to OSHA’s August, 27, 2010, letter to the NTSB concerning Safety Recommendations M-07-4 and -5 (a companion recommendation to M-07-7), we wrote the following: The NTSB understands that OSHA and the U.S. Coast Guard maintain a close working relationship and that, when issues warrant, OSHA participates on the Coast Guard’s Towing Safety Advisory Committee and National Offshore Safety Advisory Committee. Further, as a direct result of the NTSB’s recommendations and OSHA’s investigation of the October 2006 accident, OSHA published an illustrated fact sheet about the accident and ways that future accidents might be avoided (“Spud Barge Safety”); a guidance document addressing vessel hazards, safety requirements, and industry best practices (Deck Barge Safety [OSHA 3358-01N 2009]), and a directive (OSHA Authority Over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and the Outer Continental Shelf [OCS][CPL 02-01-047]) providing current policy, information, and guidance clarifying OSHA authority over vessel and facility personnel. The NTSB further notes that CPL 02-01-047 was developed in full cooperation and coordination with the Coast Guard, that all documents were presented to the MACOSH and its construction counterpart, and that the documents have been widely disseminated to the maritime community. They are also accessible on OSHA’s website (www.osha.gov) as well as at OSHA’s regional offices. These actions fully satisfy Safety Recommendations M-07-4 and -5, which are classified “Closed?Acceptable Action.” Because the Coast Guard and OSHA took the action requested, Safety Recommendation M-07-7 is classified CLOSED—ACCEPTABLE ACTION.

From: USCG
To: NTSB
Date: 8/15/2012
Response: -From Peter V. Neffenger, Vice Admiral, U.S. Coast Guard, Deputy Commandant for Operations: In consultation with the Occupational Safety and Health Administration (OSHA), we reviewed the Memoranda of Understanding (MOUs) between our agencies and concluded it is not necessary to update the MOUs at this time, OSHA is currently revising their enforcement policy guidance to reflect the latest laws, regulations, and associated enforcement policies. That policy guidance document will address OSHA and Coast Guard authority over inspected and uninspected vessels. We believe such guidance serves to meet the concerns raised by the NTSB without the need to revise current MOUs. We will continue to work closely with OSHA toward possible development of regulations and policies which affect both agencies and we will continue to participate and support OSHA as a member of their advisory committee on Maritime Occupational Safety and Health. We consider our action on this recommendation complete and request that it be closed.

From: NTSB
To: USCG
Date: 11/16/2011
Response: This letter concerns 29 open safety recommendations, enclosed, that the National Transportation Safety Board (NTSB) issued to the U.S. Coast Guard between 1995 and 2010. For some of these recommendations, the NTSB has not received an update in almost 3 years regarding the status of action either taken or planned to address the important safety issue that the recommendation addresses. We are interested in knowing whether and how our recommendations are implemented, both to ensure that the traveling public is provided the highest level of safety and to identify creative solutions that might be shared with others. NOTE TO FILE (not in original letter): The 29 safety recommendations are: M-95-013, M-98-033, M-98-037, M-99-001, M-00-004, M-01-001, M-02-005, M-04-003, M-05-006, M-06-001, M-06-002, M-07-001, M-07-006, M-07-007, M-08-001, M-08-002, M-09-001, M-09-002, M-09-003, M-09-004, M-09-009, M-09-010, M-09-014, M-09-015, M-09-016, M-09-017, M-10-005, M-10-002 and M-10-006.

From: NTSB
To: USCG
Date: 8/27/2009
Response: The NTSB notes that OSHA and the Coast Guard completed a review of their MOU and determined that a new or upgraded MOU is not necessary. In addition, the Coast Guard is working with OSHA to review their enforcement guidance to reflect the latest laws, regulations, and associated enforcement policies. A pending policy guidance document will address OSHA and Coast Guard authority over inspected and uninspected vessels and may be used in the future in revising existing MOUs or creating new ones. Because the Coast Guard continues to work closely with OSHA to address this issue, is willing to develop new regulations and policies that affect both agencies as needed, and will continue to participate and support OSHA as a member of the Coast Guard’s Maritime Occupational Safety and Health advisory committee, Safety Recommendation M-07-7 is classified OPEN ACCEPTABLE RESPONSE.

From: USCG
To: NTSB
Date: 2/13/2009
Response: Letter Mail Controlled 2/20/2009 11:16:05 AM MC# 2090085: - From W.D. Rabe, U.S. Coast Guard:Status: In consultation with the Occupational Safety and Health Administration (OSkJA), we reviewed the Memoranda of Understanding (MOUs) between our agencies and concludcd it is not nccessary to update the MOUs at this time, OSHA is currently revising their enforcement policy guidance to reflect the latest laws, regulations, and associated enforcement policies. That policy guidance document will address OSHA and Coast Guard authority over inspccted and un- inspected vessels and may bc used in the future as a baseline for future changes to existing MOUs or creation of new MOUs. We believe such guidance serves to meet the concerns raised by the NTSB withoul the need to revise current MOUs, We will continue to work closely with OSHA toward possible development of regulalions and policies which affect both agencies and we will continue to participate and support OSHA as a member of their advisory committee on Maritime Occupational Safety and Health. We will keep the Board informed of our progress on this recommendation.

From: NTSB
To: USCG
Date: 2/29/2008
Response: The Safety Board notes that, in consultation with OSHA, the Coast Guard will review the MOU and will work with the Maritime Advisory Committee for OSHA to determine whether changes to the MOU are needed. Accordingly, Safety Recommendation M-07-7 is classified OPEN ACCEPTABLE RESPONSE, pending completion of these efforts. The Board would appreciate receiving a copy of the revised MOU when completed.

From: USCG
To: NTSB
Date: 10/23/2007
Response: Letter Mail Controlled 10/29/2007 11:57:17 AM MC# 2070610: - From Brian M. Salerno, Rear Admiral, Assistant Commandant for Marine Safety, Security, and Stewardship: We concur with this recommendation. We will review the memorandum of understanding (MOU) with the Occupational Safety and Health Administration and work with the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) to determine if changes are necessary. If changes are required, we will take the action necessary to draft and implement a revised MOU. We will keep the Board informed of our progress on this recommendation. Sincerely, Brian M. Salerno, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, Security and Stewardship.