Club Safety Responsibilities Guide

Yachting New Zealand

Reviewed December 2005 Contents

PART ONE - Club Safety Responsibilities guide

PART TWO - Centreboard Sailing & Racing – example template

PART THREE Keelboat Sailing & Racing – example template

PART FOUR Manning & Equipment Levels for Club Patrol Craft

PART FIVE Regulations applying to Charity Regattas

REVIEW

Since the original of this document was written in 2000 most clubs have instituted some form of Risk Management plan. Whilst the legislation which relates to this topic has not changed it is worthwhile refreshing our information for clubs. It is also time for clubs to take out their Risk Management plans and check that they are still appropriate and that they are being used correctly. They should ask ‘are the people who were given responsibility under the plan actually doing their job?’ because if they are not the club is exposed to risk.

IMPORTANT NOTE

This guide is a summary only and is not intended as legal advice to cover all club/organising authority activities. The guidelines enclosed are offered on a ‘no liability’ basis and we recommend clubs seek independent advice from legal professionals, local Police, Maritime New Zealand and the local Harbour Master with regard to particular events and activities or your club. Club Safety Responsibilities Guide

INTRODUCTION

Back in 2000 it became obvious that when we run events we are responsible to do everything reasonable to ensure the safety of participants in our events.

Although in yachting we often say and the rules state safety is the skipper’s responsibility and every person is responsible for his or her actions or inaction, equally by law the organising authority is responsible for any inaction on their behalf that results in significant consequences. The litmus test will be “in 20/20 hindsight was there was potential for significant impact and has there been any systemic failure on the organisers behalf i.e. have organisers done what participants would reasonably expect them to do.”

Obviously what is reasonable for an event in enclosed waters will differ greatly from those involved offshore races. For this reason it is not possible for Yachting New Zealand to produce an exhaustive checklist to cover every eventuality for your club or your region that will provide cover for your club and volunteers. Each club or organising authority should take the time to prepare written documentation

The intention is for clubs, and their members, to do whatever is reasonable to prevent accidents from happening. If an accident still happens and a club can prove that it did everything reasonably possible then it should not be held responsible. In practical and legal terms the word ‘prove’ and ‘reasonable’ are very important. Documentation could turn out to be very important to show that every reasonable attempt was made to foresee such accidents.

The following is a guide as to what should be done both on and off the water, to assist the club, employees, volunteers and the public in general to provide a safe yachting environment – examples where possible have been included. The document also includes a list of other useful resources that can be obtained to assist clubs plan their own safe operating plan.

This document aims to summarise present considerations and obligations clubs have with regard to legislation and liabilities to which we are exposed.

Yachting New Zealand strongly recommends that each club puts in place a list of safety policies and procedures to be followed to assist your club and volunteers provide protection for your volunteers and the participants in events. It may be appropriate to formulate some club rules, separate from the constitution, that relate to safety and that can be changed more easily than the constitution. KEY RECOMENDATIONS:

1) Each club/organising authority spends time considering what risks are associated with the events they run. This includes racing, coaching and cruising and even shore based social events.

2) Each club/organising authority puts in place written documentation regarding safety and safe operating procedures and policy along the guidelines listed in this document.

3) For each type of event (e.g. club inshore races, club offshore races, learn to sail courses, clinics and coaching sessions) a list of potential hazards is drawn up and procedures to minimise or manage those hazards is developed.

4) Clubs/organising authorities regularly review their operating procedures/plan as part of their annual duties

5) All clubs/organising authorities should seek the independent advice of legal professionals, local Police, Maritime New Zealand and the local Harbourmaster with regard to events and activities of your club.

AREAS TO CONSIDER

The following is a list of areas your club/organising authority should consider when establishing what hazards and risks occur in and around your events. These things should be considered as part of safe operating plan and policy for your club/organising authority.

LAND BASED ACTIVITIES This covers everything from O.S.H requirements for employees and volunteers, to resource consent or council approval requirements.

This could include: - Shore based Hazards - Legal duties in relation to hazard identification - Training of volunteers - Building regulations - First Aid - Liquor Licenses - Food storage and preparation - Firearm / Start gun legal requirements including who can use them, storage etc. - Vehicle and Trailer use - Vehicle Trailer legal requirements - Appointment of a Safety Officer

WATER BASED ACTIVITIES This covers anything likely to occur on the water and could include: - Racing Rules - Safety Briefings - Survey requirements - Safe Operating Plans - Operator Qualifications and Training - Maritime Rules and bylaws - Vessel use Guidelines - Training of officials, coaches etc - Log Books - Incident and Accident report forms

SPECTATOR / EVENT RESPONSIBILITIES These relate to key events as well as events that are likely to attract spectators on or off the water. Things to consider include: - Risk Assessment requirements - Harbour Master approval - Event Permits - Information Loops and communications plans - Safety Support Obligations - Legal Responsibilities - Public Information

LAND BASED ACTIVITIES GUIDELINES

EMPLOYMENT/PAYMENT OF PERSONNEL Land based employees are covered by the Health and Safety in Employment Act.

Sea based employees and volunteers are covered by the Maritime Transport Act and Regional bylaws.

Some of the points mentioned above in the considerations might require expert advice in formulating your rules. In any case all details relating to terms of employment or contracting should be well documented. Clubs and organising authorities involved in the employment or payment of officers, coaches or officials should refer to the Employment Contracts Act to ensure their obligations regarding employment law are met.

We recommend clubs seek professional advice with regard to employment contracts and responsibilities of employers and contracts if you are employing or paying persons at your club/organising authority for their services.

FIRST AID It is essential that each club/organising authority has a first aid kit available onshore for accidents occurring in and around the facility. It would also be advisable to have first aid kits on coach boats since they could be deemed to be ‘places of work’. It is also advisable that club personnel receive First Aid training so they are able to deal with accidents in or around the facilities. BUILDING REGULATIONS The laws that control building construction and maintenance are the Building Act (1991) and the Building Regulations (1992) which include the New Zealand Building Code. All new buildings built since 1991 must comply with the Act. The Act applies to existing buildings alterations, changes in use, subdivisions, unsafe or unsanitary buildings and the maintenance of key features of existing buildings. For more detail refer to the Building Industry Authority Property Management Guide for clubs and societies (listed later in the useful resources section).

The Resource Management Act or Regional Coastal Plans (administered by Regional Councils) may also affect club facilities and buildings. Yachting New Zealand recommends clubs seek expert assistance when making alterations to your existing facilities to ensure all relevant consents are obtained.

HAZARDS AND HAZARD IDENTIFICATION In the case of employees OSH regulations cover necessary legal requirements but the following simple steps should also apply to managing and minimising hazards in and around your club: 1) Identify hazards (potential activities, substances or situations that could cause harm) 2) Assess the risk of each hazard. If the risk is significant you should eliminate the hazard or if not practicable isolate the hazard (for example keeping the starting gun in a secure place). If it cannot be isolated then you must minimise the chance of it causing harm (for example a warning notice for a slippery ramp) 3) For all hazards you should keep a record of the hazards and actions taken to manage them by the club/organising authority.

ON-WATER ACTIVITIES GUIDELINES

YACHT RACING RULES AND REGULATIONS To ensure at least minimal protection for participants and officers all Races must to be conducted in accordance with current “International Sailing Federation Racing Rules of Sailing” together with any Yachting New Zealand Prescriptions and Safety Regulations. The entry form for the event should state that the competitor agrees to comply with these rules.

All competing yachts must comply with the Safety Requirements of the Category that they race under. Clubs running evening or night races should ensure that all yachts carry navigation lights as required by the Collision Prevention Rules. Clubs should resist lowering safety standards just to attract more entries.

STARTING GUNS AND AMMUNITION Starting Guns must be safely and securely stored. Their use must be in accordance with the Firearm Regulations and Permits issued by the New Zealand Police. Those firing the start gun and those in close proximity should wear appropriate earmuffs. A regular maintenance programme should be in place and recorded. Ammunition should be stored separately and safely.

INCIDENT & ACCIDENT REPORT FORMS #MSA 12306 These should be readily available from the Club House. Like wise safety documents relating to Hazards around the Club Buildings, slippery ramps etc, should be available to Members and Volunteers at all times. These should be kept on file by the club.

PATROL AND COMMITTEE BOATS AND TRAILERS A regular maintenance programme of these vessels and any trailers should be set up and recorded. This programme will extend to the electronics, VHF, Navigation systems, compasses, etc, motors, petrol or diesel. Particular attention should be given to the pontoons of IRB Craft.

The crews of these vessels should have appropriate experience for the type of vessel to ensure their safe handling. If not, the club should provide adequate training and supervision. Day Skipper or Boatmaster courses are highly recommended. Coastguard are introducing in early 2006 the “Club Safety Boat Operator” course.

Patrol and Committee boats must carry the safety equipment as prescribed by Yachting New Zealand’s “Manning and Equipment Levels for Club Patrol Craft.” A copy is included elsewhere in this document.

Yachting New Zealand recommends as a guide one rescue boat for every 6 learn to sail sailors and every 10 senior sailors. Obviously this should be applied by clubs as a guide only and factors such as weather conditions, skill level of sailors, tide, ability of boats to be self-sufficient and all other hazards should be considered by individual clubs/organising authorities when determining an appropriate level of rescue boat support.

LAUNCHING AND RETRIEVING PATROL CRAFT GUIDELINES Each club/organising authority should adopt a set of guideline for their patrol boat users. Things covered in the guidelines should include the following: Check the state of the launching ramp. Prior to launch, check that the bungs are in, check fuel, open tank vent, check that the following items are aboard; lifejacket for each person, boat hook, oars or paddles anchor warp and chain flares, first aid kit, radio, kill cord is attached to kill switch. Take extra care if the ramp is slippery when putting craft away, wash boat and run engine in freshwater, remove bungs, hang anchor warps and life vests after washing in fresh water (ensure they are stored in an area where they can dry)

PATROL BOAT SAFETY Know the area you are to work in and ensure those using your boats are familiar with any hazards in the area. Consult a chart if unsure. Wear your lifejacket at all times. Always wear the ‘Kill switch’ strap. Safety of competitors is paramount.

An example of guidelines for operators with regard to attending to competitors could be: Attend to competitors in distress before other duties. If absolutely necessary abandon a competitors boat and pickup sailors in the water, remembering that the skipper is responsible for the safety of his own craft and crew first. Note: A patrol boat will drift faster than a capsized craft. Approach from up wind, switch off motor and drift in to competitor, or in rough conditions, approach from downwind and take care prop does not endanger competitor or rigging etc. Respond immediately to International Signal of Distress. All patrol boats must have a minimum of a driver and one crew. Do not overload at the expense of being able to render assistance. All patrol boats should carry equipment as specified in “Manning and Equipment levels for Club Patrol craft”. Standing without a secure handgrip is dangerous, particularly during coaching when the driver can increase and decrease boat speed without warning. Do not drive boats into shallow water as sand can ruin water pumps and can damage props and skegs.

Towing: When towing Centerboard Yachts do not exceed 5 knots. Ensure Centerboard is removed from the casing. Remove Rudder if necessary.

SAFETY GEAR FOR CREW Patrol boats and Committee boats must comply with all Safety Requirements and lifejackets must be provided for all crewmembers.

AREAS OF OPERATION Depending on the size of the Patrol Craft they should not proceed beyond designated areas which should be prominently displayed on each craft.

PART 91 MARITIME RULES - SPEED OF VESSELS 91.6(1) No person may, without reasonable excuse (e.g. responding to an emergency), propel or navigate a vessel (including a vessel towing a person or an object) at a speed exceeding 5 knots. a) Within 50 metres of any other vessel, raft or person in the water b) Within 200 metres of the shore or any other structure c) Within 200 metres of any vessel or raft that is flying flag A of the International Code of Signals (Divers flag)

PART 91 MARITIME RULES - WAKE Subject to rule 91.6 every person who propels or navigates a recreational craft must do so at a speed that does not cause its wake to be a hazard to other vessels or persons.

MARINE SURVEYS Except where an “Exemption” applies, all other craft used for club purposes on a hire or reward basis should be under a “Safe Ship Management” scheme. If in any doubt as to the legality of the situation contact the Safety Officer at Yachting New Zealand or Maritime New Zealand. Yacht Clubs affiliated to Yachting New Zealand have an automatic dispensation for boats under 6.0m provided they meet the Yachting New Zealand recommended manning and equipment levels for Club Patrol Craft – published elsewhere in this guide.

MARKER BUOYS Crewmembers involved in laying marker buoys should have some experience in this task or be supervised by a person with the necessary experience. Care is needed to ensure that the chain or warp does not become entangled around limbs or propellers. If Winches are used for retrieval, care must be taken that fingers are well clean of Winch Drum. Marker buoys should not be placed in major shipping channels. Anchor lines should not float on the surface. Points of anchors should be filed down to avoid puncturing inflatables.

COACHING VESSELS AND COACH RESPONSIBILITIES Vessels and equipment used for coaching should have safety equipment on board suitable for the conditions and area of use. A useful reference is the Safe Boating Guide produced by Water Safety New Zealand and available from Yachting New Zealand.

It would be necessary for the club/organising authority to advise the coach of their safety procedures and to make sure that they abided by them, since they are acting under the club’s instructions and carry the club’s responsibility. The responsibility of coaches with regard to safety is as per the club/organising authority with regard to managing hazards for their students.

LOG BOOKS A log book should be kept for each craft. Every time the craft is used, the log should be completed by the skipper, noting such things as fuel used, hours run, crew name and any defects noted etc. If a dual log book is not used then a separate one must record all defects. Suitable logbooks are available from most Bookstores or Marine Chandlers. A particularly good one is available from Maritime Management Services Ltd. Ph 09 5357702

SAFETY OFFICER Every one of our affiliated yacht clubs should appoint a Safety Officer. The officer should be someone who is well versed in on the water activities and the maintenance of boats and motors or can observe any work done. This person should take responsibility for regularly checking compliance with safety rules, policies and plans adopted by the club as well as making recommendations for the safety of club personnel and participants. FREQUENTLY ASKED QUESTIONS:

1. When the “Club” or “Organising Authority”, is mentioned in a disclaimer or indemnity of liability, what and who does this cover and does a disclaimer cover us? Any disclaimer such as that on Yachting New Zealand’s standard entry form should be read to cover the officers acting for that “organising authority” – paid or unpaid.

However a disclaimer may only cover you for individuals trying to prosecute the club or its officers and would not exempt the club or its officers from any negligence. It would also not provide protection if a civil lawyer could argue that any individuals entering the race or event had signed the disclaimer under the understanding that the club would still have put in place reasonable actions to show care for all participants.

Although in yachting we often say it is the skipper’s responsibility and every person is responsible for his or her actions or inaction, equally the organising authority is responsible for any inaction on their behalf that results in significant consequences. The test will often be “in 20/20 hindsight was there potential for significant impact and has there been any systemic failure ie have organisers done what participants would reasonably expect them to do.”

2. Refer to R.R.S. 2005 –2008 Page 131. –No.27 – Sailing Instructions Guide Page 233. – 3.3 T/Y Safety Regulations Whilst both these clauses state their intentions, what protection do Race Officials have, if Maritime New Zealand or Police become involved in a situation of serious injury or loss of life?

See above. As a minimum clubs/organising authorities must have followed the safety regulations and racing rules appropriate for the type of racing to provide any reassurance to MNZ and Police that you followed guidelines and were taking some consideration for competitors safety. However, again if the loss of life or significant consequences resulted from something the club/organising should have foreseen and warned participants of, minimised the risk of or put in place a plan to manage the risk if an incident occurred the club could be held liable.

The key will be to have a record of what measures were taken to prevent incidents occurring (eg safety checks), what strategies were in place to minimise the risk (eg. compliance with safety regs. were required, regular forecasts etc) and what strategies were in place if something that could be foreseen went wrong).

Again with 20/20 hindsight was there was potential for significant impact and if so have organisers done what participants would reasonably expect them to do. 3. If a race is abandoned in hostile waters, what obligations are on a club, race officials and rescue craft? When should an abandonment be considered? In the event of a serious injury or loss of life after the abandonment, is the club and race officials’ exonerated if the Maritime New Zealand or Police become involved.

There has been some discussion recently amongst Race Officers, on the topic of what circumstances allow a race committee to abandon a race under the rules. Rule 32.1 (b) and (e) are the rules that apply, but what is ‘foul weather’ or a ‘safety issue’ for the Olympic trials may be quite different to the local Optimist fleet. It was generally agreed that when the rescue fleet were unable to both rescue boats needing rescue, and at the same time determine if boats needed rescuing if they have ceased racing, then the time has come to abandon. This is not to say that a Race Officer would be wrong to abandon a race prior to reaching this stage if in their opinion conditions are going to deteriorate. It is always important to consider the boats which are capable of managing the conditions and who wish the race to continue.

In some circumstances it may be better, when children are involved, to keep them racing until they are close to land, and then either shorten course or abandon the race. While they are still racing they remain focussed.

It is not reasonable to expect that clubs/organising authorities could abandon a race, pack up shop and leave everyone to his or her own devices. If conditions could deteriorate to a point where you were to abandon the race, competitors should be advised and ask to consider whether they were still fit to race. In the Sydney Hobart now, at a waypoint before the Bass Strait, all boats check in and are asked to consider the state of their boat and crew before continuing (this is obviously an extreme example suitable for the conditions experienced in Bass Strait).

The club could be held accountable if they thought abandonment and boats getting into trouble was likely and had not taken appropriate steps to inform competitors or deal with the situation after conditions had deteriorated.

4. Issues raised by Martin Padget (New Zealand Police / Safety & Marine Law) at the recent Yachting New Zealand conference – re: trained race officials, suitable rescue craft, rescue craft skippers to have formal training, documentation etc. Does this indicate non-compliance with these issues could create legal implications for a Club and Race Officers in the event of a serious accident or loss of life?

The key will most likely be ‘can the club say that the people empowered to make decisions or take actions were competent and capable of making reasonable decisions or taking action on behalf of the competitors’. Whether someone can act competently and make decisions will depend on things like training (if appropriate), qualifications, experience (will play some part if they have a proven track record of good performance – 20 yrs of poor decision making and past errors won’t count for much) 5. How can clubs/organising authorities get themselves into trouble with regard to running events? There are basically two ways a club or members can be brought to account for contributing to an accident. Firstly it can be prosecuted by one of a few government agencies, principally Maritime New Zealand, the Police or possibly the regional authority. This if successful will result in a fine or in extreme cases a criminal sentence (this has yet to be tested in a New Zealand Court of Law).

The other way is for the club or members to have a civil law suit filed against them, principally by someone who suffered damage or loss as a result of the accident. It is possible to insure against costs associated with the latter but not against prosecution. Furthermore it is not possible to “contract” out of responsibility to avoid prosecution and to have a competitor sign a “no liability” clause does not make you immune to prosecution either, although it has some effect on your liability for a civil action. It should be noted however that minors cannot ‘contract’ to anything and therefore parents or guardians should do so in their place. It is therefore vital that competitors complete an entry form for every race or series in which they are participating. OTHER USEFUL RESOURCES:

SPARCs Guidelines for Risk Management in Sport and Recreation. – entitled Winning the Red Tape Game These guidelines are specifically produced for the New Zealand sporting scene. It is a very down to Earth publication with some very good examples of how organisations can be caught out. Clubs may purchase copies from Brookers or may view Yachting New Zealand’s copy in our library.

Yachting Victoria Risk Management Resource This guide for events and racing provides a helpful tool for clubs to assess risks involved in running events and racing. Copies available from Yachting New Zealand or via the Victorian Yachting Council website: www.vyc.com.au.

Property Management Guide for clubs and societies - Building Industry Authority This resource is an excellent guide for clubs to consider what their responsibilities are with regard to buildings and club facilities. Available from the Building Industry Authority, PO Box 11 846, Wellington.

For further information regarding club safety please contact Yachting New Zealand’s Safety Officer, on (09) 488 9325. Part 2

Centreboard Sailing and Racing – Example template

Potential problem Likelihoo Severit Ris Treatment Resources Responsible d y k person Time fra m e Environmental Fire danger resulting from smoking E A 3 Erect 'No smoking' signs Signs Club Captain Annual near fuel check Fire danger from spilt fuel. B A 1 Supply mop up system - sand etc Sand etc Club Captain Monthl y Injury resulting from slippery steps B D 3 Clean slime regularly. Erect warning Brooms Club Captain Monthl and ramps signs y Injury resulting to both sailors, A D 2 Group boats being rigged in a bunch Beachmaster Daily officials and public from Booms to discourage spectators walking swinging in the breeze through Cuts from broken glass on beach C D 3 Provide waste bins for disposal. Bins Club Captain Monthl Working Bee to clear beach y Traffic accidents in vicinity of D A 2 Set out cones etc to slow traffic. Cones / Duty officer Daily clubhouse Indicate safe areas. flags / signs Overhead electrical wires D A 2 Wherever possible have these General removed. Provide large warning signs committee with pictorial display of overhead danger to masts Injury to officials due to lifting C C 2 Supply suitable tackle / lifts etc. Trolleys Club captain Daily heavy weights or heaving heavy encourage helping hands. etc boats etc On Water Anchors puncturing RIBs B C 2 File down points Club Captain Annual ly Damage or injury resulting from B B 1 Document all training Training On untrained rescue boat operators Roster experienced and Officer going inexperienced volunteers together Sailors at risk because yachts A C 1 Discuss at briefing. Beachmaster to Race Officer Daily launch without rescue boats in control attendance Chaos in the event of a disaster on E B 3 Prior training for a search and rescue Videos/ Safety Officer Annual the water. plan handouts ly Collisions between boats resulting A D 2 Train sailors in give way rules. Avoid Rule books Coach Monthl in damage or injury crowded starts and mark roundings. y Poor radio contact A D 2 Service radios - have spares Spares Safety Officer Daily No lifejackets, tow ropes, bailers, B D 3 Safety Officer ensures they are in Check list Safety Officer Daily wire cutters, survival blanket, boats yellow ribbons Complying with MSA safe Ship B D 3 Safety officer checks requirements Check list Safety Officer Daily management Poor maintenance results in C D 3 Establish maintenance schedules and Maintenan Boatmaster On insufficient rescue boats or responsibility roster ce list going breakdowns afloat Patrol craft exceed speed C E 4 Include speed restriction information Copy of Safety Officer 6 restrictions when not an in training Regulation monthl emergency s y Dangers to employed coaching B C 2 Ensure coaches are properly advised Handouts Chief coach Each staff - OSH of safety issues- also new trainin requirements on water. g Make sure they are familiar with Club sessio procedures - give them n documentation Danger to swimmers in water near B C 2 Beachmaster should patrol beach Beachmaster As launching area when boats are returning in fresh Requir conditions ed Danger to sailors when weather A B 1 Provide to Race Officer a copy of RM Sailing Beginn turns bad - abandoning racing Yachting New Zealand policy as manual secretary / ing of outlined in Race management Chairman of season manual. The club must also have its sailing own policy so that Race Officer does Committee not appear biased. Fire on board committee or rescue E A 3 Ban smoking on board. Provide Fire Signs Boat master Annual boat extinguishers. Adopt ventilation ly procedure for boats with gas. Special risks to children A C 2 Children need special care. Parents Hand - out Registration Daily should be made aware of any such clerk for risks and should always sign entry visitors forms on their behalf particularly relating to release of Club's responsibility. Race Officials must be aware that they are catering for children and might need different care Sailors missing from finish sheets A B 1 Sailors should always be required to List of Duty Officer Daily register prior to going afloat, should competitor be monitored while they are afloat s and recorded if they return to shore early, and should be recorded as they finish. Anyone missing from the list should be treated as missing until located. Numbered beach trolleys act as a very good first warning Seasickness prevents rescue boat C D 3 Advise Race Officer if boat returns to crews from operating shore Danger from Propellers of rescue A A 1 Provide propeller guards if practical. Boatmaster Ongoin boats Train rescue crews to engage neutral g when near sailors in the water Collision with rocks and other E E 4 Display chart showing dangers Charts Club Captain Annual underwater obstacles in sailing ly area Collision with moored boats D E 4 Discuss during briefing Race officer Each event Hypothermia in either sailors or E B 3 Get affected person clear of cold Handouts Training Annual rescue boat crews water. Wrap in warm clothing or officer ly survival blanket and get to shore as quickly as possible. Alert shore crew. Do not expose to excessive heat. Provide warm drink. Do not supply alcohol Shipping B B 1 Contact harbour authorities and Duty Officer Daily discuss shipping movements at briefing Sunburn danger to sailors and A E 3 Supply bulk suncream at clubhouse Club Captain As officials. Requir ed Injury or damage resulting from B C 2 All boats to be equipped with tow List Safety Officer Daily collision between any boats, lines elementary First aid equipment whether competing yachts or and radios. Complete MSA accident otherwise form in serious cases. Injury or damage resulting from B C 2 Consult with other clubs using the List of Duty Officer Daily collisions between competing same area on the same day Phone yachts round marks in opposite numbers directions Danger from falling equipment and Where possible supply steps. Fit Club captain Annual boats stored high up. warning notices in racking areas. ly

Pre and Post sailing Theft of equipment and boats. B E 4 Discuss at briefing. Encourage sailors Alarms Race officer Each to take loose equipment home. Fit event burglar alarm to boats stored overnight. Fit security clamps to trailers. Ensure someone has the job to be last out and lock the door. Dangers to sailors, officials, A B 1 Make sure drivers are licensed and Training Annual spectators and equipment from trained officer ly / tractors Make sure sailors are warned to keep /Race Officer Each equipment clear of tractor operating event area Damage to equipment and injury A D 2 Coaching the correct procedure. Change of Coach Twice during launching and retrieving in Organise beach helpers- advise clothes Beachmaster yearly surf conditions sailors they will be available Daily as require d Bad weather causes multiple B C 2 Always obtain a quality forecast at Phone No Duty Officer Daily capsizes and rescue problems. start of day. Warn Race Officer of potential problems. Post forecast on notice board so that sailors are aware. Failure of officials to act in D C 3 Thorough training in advance. Chairman As accordance with safety Warning to official if a problem race Requir procedures. occurs. Removal of official from such committee ed duties if behaviour persists

THIS IS AN INDICATION ONLY: All event organisers should complete their own template using this example as a guide.

Part 3

Keelboat Sailing and racing – Example template

Potential Risk Likelihoo Severity Risk Treatment Resources Responsible Time- d Rating person frame Collision of boats during Possible Minor Medium First aid on board Must carry first aid Whoever has ASAP race resulting in personal C D 3 kit & manual VHF had first aid injury training Fire or explosion on Rare Catastroph Extreme Depending on Coastguard, Medic ASAP yacht or committee boat E e 1 seriousness - get Westpac trust A crew on board patrol rescue helicopter, craft – call Coastguard fire extinguisher, / Medics ambulance, VHF Man Overboard Unlikely Minor Minor Retrieve use lifebuoy Patrol Boat Skipper ASAP D D 4 If injured – onboard VHF first aid Boat Running Aground Possible Major Major VHF Committee boat } VHF, Flares if dark Skipper Depends C C 2 Tow Dinghy & anchor on state Patrol Boat } astern of tide Off Coastguard } Weather Post updated report Racing Race on club notice board. secretary days Make available to entrants Racing Rules All entrants should Clubs to organise Racing Seminars have a copy of rules seminars secretary every 6 Yachting New Zealand months Racing Rules of Sailing and Safety Regulations Race Briefings Depending on type of Room with black or Principal Race racing or regattas. whiteboard Race Officer Days PRO to hold briefing (PRO) Notice of Race Refer to Yachting New Advertise in plenty PRO When Zealand Race of time appropria Management Guide te Sailing Instructions Refer to Yachting New Send to all entrants PRO When Zealand Race appropria Management Guide te Safety Advise in Notice of PRO & Safety When Race & Sailing Officer appropria Instructions – category te race to be sailed under Safety Club safety officer to do checks that entrants are carrying safety gear for the category that they race under Abandonment Set wind speeds to Weather office Racing As suit the experience of secretary or required entrants PRO Patrol Boats Regular maintenance Club Safety As programme Officer required Patrol Boats To carry safety Club Safety As equipment as Officer required prescribed by Yachting New Zealand Patrol Boats Crews supervised Club Safety As training recommend - Officer required Day Skipper or Boat master Patrol Boats Towing speeds – read Club Safety As Part 91 Maritime Rules Officer required 91.6 (I) ABC Patrol Boats Launching & retrieving Club Safety As & Patrol Boat Safety – Officer required read section in draft plan

Individual responsibility sheets could be made out for all members of Race Committee Team including Safety Officer and all patrol boat drivers. To be signed and handed in on completion of each day’s sailing.

THIS IS AN INDICATION ONLY: All event organisers should complete their own template using this example as a guide Part 4

MANNING & EQUIPMENT LEVELS FOR CLUB PATROL CRAFT

Yachting New Zealand Recommended Guidelines

Maritime Transport Act 1994 (Rule 46 – Maintenance & Survey)

Under the blanket ‘maintenance & survey’ exemption issued by the Maritime New Zealand, YNZ affiliated yacht clubs do not have to register their patrol craft in a “Safe Ship Management Scheme”, normally a requirement under the Act for all non-private ownership and operation of vessels.

Compliance with the requirements of the Maritime Transport Act 1994 is the responsibility of individual Clubs. Yachting New Zealand strongly urges Club Safety Officers to follow these recommended safety and maintenance procedures for all patrol craft.

The onus is on the owner of the boat (i.e. the club) to provide safety equipment and training (as outlined below) and the skipper to ensure that the equipment is all aboard each time the boat is used.

What are the implications of clubs not following the guidelines and not complying with the Act?

In the event of an incident or accident involving club patrol craft and where a club has not followed the recommended guidelines, the club risks penalties of up to $10,000, and it may also affect insurance.

Maritime Transport Act, section 65: “Every person commits an offence that causes or permits any ship to be operated in a manner which causes unnecessary danger or risk to any other person or property irrespective of whether or not in fact any injury or damage occurs.”

Maritime Transport Act, section 19: “The Master of a ship shall be responsible for the safe operation of the ship and the safety of all passengers and crew.”

(NB: “Ship” includes all boats regardless of size)

Club Safety Officers should also take into consideration the type of craft and areas in which they operate when specifying that the vessel is “suitable for purpose”.

MANNING REQUIREMENTS

The Safety Officer should be satisfied that the crew/person in charge is adequately experienced to handle the type of boat and conditions that may be encountered.

It is recommended that crew have the appropriate first aid skills for the activity they are under-taking. Crew should have knowledge of the collision prevention rules, appropriate rescue and recovery techniques, danger of overloading, local conditions and hazards, etc.

This may involve training, practical demonstration of ability and/or formal qualification, e.g. Yachting New Zealand Club Instructor Course or Coastguard Boating Education ‘Club Safety Boat Operator’ course.

For more information: YNZ Club Instructor Course: Sabra Davies YNZ ph 0-9-488 9325 ext 803, email: [email protected] Coastguard Courses: Coastguard Boating Education www.cbes.org.nz Tel. 0800 40 80 90 MAINTENANCE

Clubs are required to keep a maintenance log for patrol craft. A simple notebook with appropriate entries should be adequate.

An entry should be made in the logbook every time each patrol boat is checked, or a defect becomes apparent. It is important to include the date and name of the person making the entry.

In the case of any accident or incident, the ability to produce such a record may be the only acceptable means of demonstrating the club is operating in accordance with MSA requirements.

In the event of a more serious incident, clubs are advised to complete a “Pleasure boat Accident or Incident Report Form” (MSA 12306) available from Yachting New Zealand.

SAFETY EQUIPMENT

A. Craft operating in sheltered waters (harbours / lakes) or close to shore

 1 lifejacket or equivalent personal buoyancy device per crew-member.

YNZ strongly urges that these to be worn at all times whilst on the water.

 Adequate bailer or pumping system  Anchor and adequate chain and warp  Paddles or oars (or alternative propulsion)  Signaling equipment - whistle/horn  Throw rope  Shackle Spanner  Screw Driver  Knife

B. Craft operating in more exposed waters (out of sight of clubhouse) or on exposed shorelines As above, however, extra thought should be given to carriage of:

 VHF (and appropriate operator’s certificate)  First aid kit  Fire extinguisher  Correct navigational lights and torch if operating at night  Flares  Suitable fastening for towing

This may involve training, practical demonstration of ability and / or formal qualification, e.g. Yachting New Zealand Club Instructor Course, or Coastguard Boating Education ‘Club Safety Boat Operator ‘ course.

Please contact the Safety Officer at Yachting New Zealand for additional information or guidance in this area: phone 0-9-488 9325, fax 0-9-488 9326, email: [email protected] Part 5

Charity Regattas

Clubs should be aware there are special conditions for running charity regattas. Strictly speaking these boats are deemed to be "for hire or reward" and should be operated under the 'Safe Ship Management' scheme. The Maritime Safety Authority (MSA) recognises the special circumstances and has made a number of recommendations. If there is an official Notice of Race which specifies that the race will be run under the "Racing rules of sailing" then they are the rules that apply. If there is no such document the yachts should sail under the 'Regulations for the Prevention of Collisions at Sea.' A brief resume of these can be found in the publication ' Safe Boating - an essential guide' which is available free of charge from most marine outlets or the Coastguard. This takes a much more cautious approach and is quite suitable for a charity regatta. The MSA also requires some minimum safety standards. They will normally issue an exemption from the requirements of the Safe Ship Management scheme if a) The Organising Authority's appointed Safety Officer (being a person holding an appointment as an Honorary Yacht Inspector or otherwise approved by the director of maritime safety) considers the craft to be seaworthy for its intended use. b) Provided the craft are not overloaded or the stability of the craft adversely affected due to the number of persons and equipment on board There is-: c) One lifejacket per person on board d) Two distress flares or smoke floats e) Radio or cellular phone to enable contact to be made with local coastguard And f) So long as rescue boats and medical assistance are made available by the Organisation throughout the event. g) Provided always that the craft is not used for reward, as defined in section 2 of the Act h) Provided the event is held in favourable weather conditions and during the daylight hours And that i) The craft shall be under the command or charge of a person or persons approved by the safety Officer And i) That always the skipper of the craft consumes no alcohol for a period of 8 hours before or during the event. There are a number of other minor conditions set out by MSA Organisers should send details of the event together with a list of the boats taking part that comply with the above to the MSA to obtain their dispensation, which will itemise these.