856-019-0001 Incident Reports; Duties to Report (1) An incident defined as: (a) An accidental grounding; (b) An intentional grounding which creates a hazard to navigation, the environment or to the safety of the vessel; (c) An unintended collision or allision with any object; (d) Loss of life related to the operation of the vessel; (e) Serious physical injury related to the operation of the vessel; (f) Any occurrence resulting in damage to the vessel or other property which may reasonably be expected to be in excess of $75,000, excluding the cost of salvage, cleaning, gas-freeing, drydocking or demurrage; or (g) Any boarding or unboarding occurrence which places the licensee in peril. (2) If any incident occurs on a vessel while a licensee or trainee is engaged in the provision of pilotage service for such vessel, the licensee or trainee providing such pilotage service shall file a written report of the incident with the Board. The report shall be filed by the close of business on the fifth calendar day following the incident or within five calendar days after the date upon which the licensee or trainee first became aware of the incident, whichever is later. The report shall be on a form provided by the Board. The report shall include, but not be limited to, the date, time and location of the incident, a detailed narrative description of the nature of the incident and, to the extent known by the licensee or trainee, the cause of the incident and the names and addresses of the witnesses to the incident. In the case of an incident involving loss of life or serious physical injury, the licensee shall immediately notify the Board of the incident. (3) Any licensee who has reasonable grounds to believe that an incident has occurred and that such incident has not been reported to the Board, shall contact the Board and determine whether a report of the incident has been filed with the Board. If a report of the incident has been filed with the Board, the licensee making the inquiry shall have no further reporting responsibility. If no report of the incident has been filed, the inquiring licensee shall make a written report to the Board regarding the suspected incident. This report, which may be in any reasonable form, shall include a brief statement containing such information about the suspected incident as is known to the reporting licensee. After filing this report, the reporting licensee shall have no further reporting responsibility. (4) Any person may file a complaint with the board regarding any suspected violation by Board licensees of the statutes and rules regarding pilotage. (5) Upon receipt of an incident report filed by an involved licensee or by another licensee or upon receipt of a complaint from any person, the board shall conduct an investigation. The Board, on its own initiative, may conduct an investigation involving any matter within its jurisdiction. (6) Upon receipt of an incident report from another licensee regarding a licensee of the board or upon receipt of a complaint regarding a licensee of the Board, the Board shall provide the involved licensee with a copy of the report or complaint. When the involved licensee receives from the Board a copy of an incident report filed by another licensee or a copy of a complaint filed with the Board, the involved licensee shall provide the Board with a written statement that includes, but is not limited to, a detailed narrative explanation of the occurrence and a detailed response to the statements in the report. The written statement required by the involved licensee shall be filed with the Board at the close of business on the fifth calendar day following receipt of the report from the Board. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 & 776.118 History: BMP 21-2018, amend filed 07/09/2018, effective 07/09/2018 BMP 4-2018, renumbered from 856-010-0020, filed 04/25/2018, effective 04/25/2018 BMP 3-2008, f. & cert. ef. 1-24-08 MP 2-1995, f. & cert. ef. 1-24-95 MP 1-1992, f. & cert. ef. 4-29-92 MP 2-1984, f. & ef. 10-4-84 PC 1, f. 10-29-57, ef. 7-1-57