Anatomy of a Marine Casualty Investigation( continued from page 15)
marine department made up of numerous professionals with significant marine experience. They include licensed masters, chief engineers, naval architects, and other experts in various marine-related fields of study.
Following notice of a major marine casualty, the NTSB begins its investigation. The NTSB investigation team is called the“ Go Team.” Depending on the severity and / or technical challenges relating to the marine casualty, the“ Go Team” can be a small unit or a large unit comprising personnel with a range of technical expertise that is needed to examine complex transportation safety issues. The“ Go Team” can number from three or four to up to more than a dozen specialists from the NTSB’ s headquarters in Washington, D. C. Team members are assigned on a rotational basis to respond as quickly as possible to the scene of an accident. The fact-finding mission of the investigation begins at the accident scene. The NTSB will inspect all vessels and equipment involved in the incident.
The NTSB may designate parties-in-interest following a marine casualty. Such designation may be beneficial because it provides those parties access to information
not provided to the public or to others involved in the incident that are not so-designated. However, the NTSB may restrict a party-in-interest from independently investigating the incident, including from interviewing employees and witnesses. The NTSB’ s investigation will likely include a robust review of a vessel’ s safety management system(“ SMS”) and the safety culture of all entities involved in the casualty. The NTSB may serve comprehensive document requests and also will likely interview crew members and employees of companies involved in the incident. A corporate representative is permitted to attend any such interviews, but witnesses are typically not entitled to have a lawyer present. If the USCG is participating in the interview, there is an argument that the crew member or employee is entitled to a lawyer because the USCG has the power to refer a witness to the United States Department of Justice(“ DOJ”) for criminal prosecution. With the consent of the NTSB, a company’ s general counsel may attend the interview.
Following the completion of its investigation, the NTSB will issue a preliminary report. It may also issue draft reports throughout the course of its investigation. The
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