Marine Accidents investigation regulation (2020/75)
Date Issued: 04 October 2020
The regulation establishes rules for investigating marine accidents in Oman under the oversight of the Oman Transport Safety Bureau (OTSB). It mandates procedures for reporting, investigating, and analyzing maritime incidents to prevent future occurrences. The focus is on identifying root causes and issuing safety recommendations—without assigning legal blame or liability.
1. Scope and Objectivity
- Defines the objectives of marine accident investigations: improving maritime safety by identifying causes and issuing safety recommendations, not assigning fault or liability, in line with international frameworks like IMO MSC 255(84).
2. Organizational Structure
- Assigns the OTSB (Oman Transport Safety Bureau) under MTCIT, as the independent authority for conducting marine accident investigations. OTSB is operationally independent from regulatory bodies, such as DGMA and the Civil Aviation Authority.
3. Reporting and Investigation Procedures
- Establishes standardized reporting mechanisms for maritime incidents, including mandatory notification protocols to the OTSB.
- Sets deadlines and formats for submitting initial incident reports, data collection, witness interviews, and evidence gathering.
4. Investigation Process
- Defines the roles and responsibilities of the Chief Marine Accident Investigator and supporting investigators.
- Includes structured stages: collecting evidence, analyzing root causes and contributing factors, testing hypotheses, and structured decision making.
5. Draft and Final Reporting
- Requires preparation of a draft investigation report, followed by a final report containing factual findings, causal analysis, and safety recommendations.
- Mandates follow-up procedures to ensure that recommendations are communicated to relevant authorities and tracked for implementation.
6. International Compliance
- Aligns Oman’s regulation with the IMO’s Casualty Investigation Code (MSC 255(84)) and other applicable international standards for maritime accident investigation.
7. Confidentiality and Use of Evidence
- Ensures that data collected for investigations is used solely for preventive safety purposes and is protected from legal misuse. Evidence may not be used in civil or criminal proceedings unless otherwise permitted.
8. Authority for Sanctions
- Defines the authority of the Minister of MTCIT (or designated bodies) to enforce administrative measures for non-compliance with the regulation, such as failure to report incidents or obstruction of investigations.