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Regs Still Tight on Tug Crew Sizes, Says Transport Canada

Tug crew guild member stands by claim that risky staffing does occur in Vancouver's port.

By Mitchell Anderson, 16 Jul 2010, TheTyee.ca

Tankers and tugs under the Second Narrows Bridge, Ironworkers Memorial

Tugboats in Burrard Inlet. Photo: Environment Canada.

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Transport Canada and a representative of the tug crews it regulates disagree over whether a potentially risky practice is being allowed in the transport of oil through the Burrard Inlet.

The dispute follows a story that ran last week in The Tyee regarding the number of crew members required on tug boats escorting oil tankers through the treacherous waters of Second Narrows.

Brad MacTavish of the Canadian Marine Services Guild (CMSG), the organization that represents vessel crews and marine pilots, told The Tyee (and Vancouver City Council) that these transits were regularly occurring with only two crew members on board rather than the normal four, based on an exemption dealing with "sheltered waters."

The Tyee report quoted MacTavish saying Transport Canada is using "loopholes... to allow assist tugs escorting tankers to go out with two-man crews when they used to require a four-man crew. They allowed the companies to twist the law around in the last year."

He said thinner crews raised the risks of an oil spill in Burrard Inlet, where tanker traffic is on the rise.

Who's better at counting?

Transport Canada Spokesperson Gillian Glover responded to The Tyee article saying it was "inaccurate on many accounts. There have been absolutely no changes to any existing policy or regulation on tug escorts... In the harbour, tug escorts can operate with a minimum of three persons: a master, deckhand and engineer. Federal regulations have allowed, in extremely rare circumstances, two-person harbour tugboat under strict and limited regulations. According to the Marine Personnel Regulations (MPR 216 (3)(c) two members are allowed and that is only for tug boats assisting in docking and undocking."

She later added: "To be clear, [those tugs with reduced two crew] are only allowed to operate with a two -person crew while docking and undocking... Under federal regulations, none of these tugs can conduct a vessel escort through the Second Narrows with a two person crew."

The Tyee checked back with MacTavish of the CMSG, whose members crew tugs in Vancouver's port, and he stood by his statement that some tug escorts have been operating with only two members in situations other than assisting in docking and undocking.

MacTavish questioned how Transport Canada can be so sure in calling his assertion "inaccurate."

"How would Transport Canada know?" he said. "They don't do many inspections and they don't even have a boat anymore."

Give us details: Transport Canada

Transport Canada's Glover told The Tyee her office was serious about enforcing regulations. "If there are situations where tugs are escorting vessels with a two-person crew, they would not be complying with Transport Canada regulations and we would certainly investigate the matter. If you have information regarding vessels operating a two-person crew in an operation other than docking and undocking, we would like to know full details in order for us to investigate."

The Tyee will continue to follow this story as it develops.  [Tyee]

10  Comments:

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  • wssides

    1 year ago

    Under crewed tugs

    Persuade the union to report ! Please.
    Is there a legal or moral objection to reporting company, tug name and captain's name to the public when an infraction occurs ? (is alleged to have occurred)

  • snert

    1 year ago

    Part II of the Canada Labour Code

    The Canada Labour Code gives the crews the right to refuse unsafe work but in this case it is only to avoid personal injury. Unfortunately there is nothing available to allow anyone to refuse work that may, I repeat may cause harm to others or may indirectly cause issues.

    This issue can be argued until the cows come home but it will never be changed unless someone takes a stand but they WILL have to have something to actually stand on other than a flimsy soap box.

  • alive

    1 year ago

    What else is new?

    As usual an "accident" has to happen before any action may be taken.
    We had a towing tug pull a barge under water, spilling oil and causing havoc.
    It would seem simple logic not to tow a barge from its highest point since that potentially can tilt the barge when you make a sharp turn, right? duh!
    Even when this was investigated the wise heads did not figure it out.
    Common sense never seem to pervade in government offices.

  • crankypants

    1 year ago

    Ms Glover

    Ms. Glover states that Transport Canada would be happy to investigate if someone offers proof that the tug companies are not adhering to the rules. Maybe she is naive or a couple of bricks short of a load, but the policing of rules can only be done by being proactive, not waiting for for a complaint or even worse, an incident that requires an autopsy.

    That being said, I always understood that the master of a vessel is ultimately responsible for making sure he has the proper staffing or the boat remains tied to the dock.

    It almost sounds as if we are not getting the whole story.

  • seth

    1 year ago

    Day after Glover gets details.

    About that layoff. We sure wish we could have kept you on but things are really tight in this economy. I'm sure you understand.

  • happy

    1 year ago

    Anyone can report

    I repeat,anybody can make an anonymous report to the Transportation Safety Board (not Transport Canada) if they feel there is a safety concern. In fact the master of a vessel is LEGALLY REQUIRED to make a report to the TSB if safety is compromised.
    And snert is absolutely correct, workers are able, and are EXPECTED BY LAW to refuse unsafe working conditions. If there is a legitimate concern the company will be held to account.
    This sqaubble has more to do with a union trying to have as many members as possible required to perform a function. Thats what all unions do. And thats what this is all about.

    http://www.tsb.gc.ca/eng/incidents-occurrence/marine.asp

  • Van Isle

    1 year ago

    Happy, there is one thing

    Happy, there is one thing that you didn't elaborate in your comment; the deckhands and the licenced officiers are 2 differnt unions. Working 'on the water' and in particular in the winter time isn't my idea of 'fun'.

  • happy

    1 year ago

    VI

    Maybe you could elaborate. I don't understand your comment at all

  • morechatter

    1 year ago

    Pipeline explodes in China Today

    And China, big time investors in Canada's Tar Sands is soon to be coming to Vancouver's ports soon transporting Oil along the Pacific Coast and enjoying the HST no doubt. MADE IN CHINA, dosen't give confidence and regulations I thought BC, Canada and Alberta,Canada did't do regulations as get in the way of doing business as Transportation Canada is usually out to lunch, and expense accounts will back that up.

  • happy

    1 year ago

    Questions for MacTavish

    Never mind complaining about Transport Canada, how many grievance's have YOU filed over this?

    At what stage level are they?

    As its obvious many Tyee commenters are union members, current or retired, you all know a grievance just can't be swept under the table.
    Any decent union can push a grievance all the way to ARBITRATION if they want. That process is the proper forum to settle this issue which is why I'm not buying it for one second.
    MacTavish already comes across as completely unprofessional whining about what TC is or isn't doing.
    Is he a)incompetent too by not facing up to the companies he's accusing of breaking the rules? Or is it b)no rules are actually being broken, but we don't like it so lets try and make it political.

    Its very easy MacTavish. Just like Ms Glover says,if it's happening as you say, then lets have the times, dates, names of vessels and your union members who were involved.
    Publish it here on the Tyee in full public view.
    If you're telling the truth I'll be the first one to lodge a report with the TSB.

    Somehow I think I won't have to.

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