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NORTH BERWICK HARBOUR TRUST ASSOCIATION Registered Charity No SC045318 Chairperson: Jane McMinn Secretary: Bill Roberts Treasurer: Sandy Knox

(Port Marine Safety Code) Safety Management System

MANUAL

Edition 6

February 2018

This Safety Management System Manual was prepared for Harbour Trust Association. It borrows heavily from advice and examples from various pub- lished sources. The contribution of these sources, named in the document or not, is gratefully acknowledged.

The Duty Holder:

North Berwick Harbour Trust Association Registered Charity No SC045318 Harbour Master’s Office The Harbour North Berwick EH39 4JL

Tel: 01620 893333

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RECORD OF CHANGES

Ref Item Date Initial 1 Draft Edition 1 June 2016 DW 2 Update of Nov 2016 WPR Treasurer 3 Reviewed and August 2017 DW updated incorporating suggestions by Designated Person 4 Reviewed and October 2017 DW updated incorporating suggestions by Designated Person 5 Reviewed and November DW updated 2017 following informal audit by Designated Person 6 Reviewed and February DW updated 2018 following formal audit by Designated Person on 2.2.18.

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Contents

Statement of Compliance …………………………………………………………… 5 Safety Management System overview ...... 5

1. Safety policy ...... 6 1.1 Procedures to implement the policy ...... 6 1.2 Compliance checklist ...... 7 1.3 Accident and incident reports ...... 9 1.4 Organisation and personnel roles ...... 9 1.5 Standards and levels of qualifications for employees and contractors ...... 9 1.6 Performance measuring methods ...... 9 1.7 Plans and assessments against the harbour’s performance ...... 9 1.8 Emergency procedures ...... 9 1.9 Lessons learned ...... 10 1.10 Navigation aids...... 10 1.11 Provision of moorings ...... 10 1.12 Deficiencies in visiting vessels ...... 10 1.13 Updating of the Safety Management System ...... 10 2. Designated person ...... 11 2.1 Appointment ...... 11 2.2 Independent assurance ...... 11 2.3 Access to the Trust’s Board of Directors ...... 11 3. Duty Holders ...... 11 3.1 Appointment ...... 11 3.2 Publication ...... 11 3.3 Liability ...... 12 3.4 Scope ...... 12 3.5 Lines of communication ...... 12 4. Legal powers and duties ...... 12 4.1 General Directions ...... 12 4.2 Byelaws ...... 12 4.3 Navigational Safety ...... 12 4.4 Scope ...... 13 5 Consultation ...... 13 5.1 Consultation with employees ...... 13 NBHTA SMS Edition 6 February 2018 4 | P a g e

5.2 Consultation with harbour users ...... 13 5.3 Consultation with suppliers ...... 13 5.4 Channels of communications ...... 13 6 Risk assessments ...... 14 6.1 Marine risks ...... 14 6.2 Other harbour risks ...... 14 7 Training ...... 14 7.1 Scope of training...... 14 7.2 Contents of training ...... 14

HEALTH AND SAFETY - GENERAL POLICY STATEMENT ...... Appendix A 15 ACCIDENTS AND INCIDENTS POLICY ...... Appendix B 19 EMERGENCY RESPONSE POLICY ...... Appendix C 23 EMERGENCY RESPONSE PLAN...... Appendix D...23 NAVIGATIONAL SAFETY MANAGEMENT SYSTEM ...... Appendix E 34 NORTH BERWICK HARBOUR RISK ASSESSMENT PROCESS...Appendix F 35

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Statement of Compliance with the Port Marine Safety Code

North Berwick Harbour Trust Association (NBHTA) believe that they comply with the standards laid down in the Port Marine Safety Code in that they have: (list not ex- haustive)

a) Consulted with harbour users and identified the main risks associated with the operation of the Harbour. Ranked and prioritised the risks and ensured that ap- propriate risk control measures are recorded and in place. b) Committed to identify and evaluate options for reducing risks where and when the existing risk control measures do not appear to be adequate. This is an on- going process with a view to introducing any further appropriate measures as soon as practicable. c) Introduced a safety management system, which includes policies for emergen- cy plans, conservancy, environment, management of navigation, the needs of pilotage and marine services to ensure that risks continue to be identified and reviewed and re-appraised in the light of operating experience d) Made plans for audit by an independent designated person to confirm by re- port that the Authority complies with the requirements of the Code. e) Undertaken a review of legislation and existing bye-laws with a view to amending and updating where necessary. f) Published a Harbour Safety Policy.

Safety Management System overview

The safety management system consists of the following elements: a) Planning b) Implementation and operation c) Checking and Corrective Action d) Management Review Internal audits, management reviews and corrective and preventive action will ensure that the system remains effective. By effective, we mean continual improvement in marine safety performance and compliance with regulatory requirements. In operational terms this Safety Management System Manual may be used as an executive summary of the policies, standards and procedures, with separate working documents available for deeper level detail if required.

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1. Safety policy

NBHTA has a Safety policy which can be found in Appendix A.

1.1 Procedures to implement the policy

NBHTA will:

1. undertake regular risk assessments of its activities and commits to implementing risk control and management measures as appropriate. These may include development of safe systems of work and where necessary written procedures, for specific high-risk activities. Review FORMAL risk assessments regularly. The formal risk assessments of marine operations as required by the PMSC at the start of the compliance process will be separate from risk assessments compiled for personal health and safety.

2. consider all incidents, including near misses, during their regular meetings. The safety performance of the Trust will be reviewed in detail every six months and measures identified where necessary to achieve continuous improvement in safety performance. Review risk assessments.

3. undertake and regulate marine operations in a way that safeguards the harbour, its users, the public and the environment.

4. facilitate the public right to use the harbour by maintaining open access by land and sea at all times except in emergencies and pressure of weather. (Note that in certain weather conditions the harbour booms will be in operation preventing the entry and exit of vessels).

5. safeguard the public interest in the safety of its operation.

6. support commercial activities in the harbour through the safe and efficient provision of specified services and, the effective regulation of shipping within the harbour.

7. promulgate the legal obligation of skippers under SOLAS V to plan their passage. (Regulation 34 - Safe navigation and avoidance of dangerous situations).

8. The duties and powers contained within the current Management Rules and draft Bye-laws have been developed from a considered approach to risk and adequate resource is available for clear enforcement through the jurisdiction of the Harbour Master and Harbour Manager.

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1.2 Compliance checklist

This checklist is not exhaustive:

1. Harbour inspection register – monthly 2. Accident and incident reports and register – immediate reports and monthly review 3. Risk assessment register – monthly 4. Navigation issues – Harbour Management Team monthly minutes 5. There is formal consideration of all Health & Safety issues at the monthly meetings of the NBHTA and the Harbour Management Team. 6. The Port Marine Safety Code is a standing agenda item at Board meetings.

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Marine SMS Procedure/Item to be checked Section Management of  Any relevant Notice to Mariners promulgated in a Navigation timely fashion.  Management Rules/Bye-laws in place and enforced.  General Directions (when available)  Special Directions (when available) Conservancy  Navaids inspected in accordance with MMS.  Harbour seabed visually surveyed at low spring tide and any significant movement noted.  Built environment inspected for defects and remedial action taken where required. Harbour  Training needs identified. Personnel  Job descriptions in line with responsibilities.  Appraisal carried out. Marine Services  Confirm commercial operators and crews properly qualified.  Confirm certification of boats operating in Harbour. Risk Assessment  Confirm that risk assessments are being carried out for unusual or irregular occurrences. Emergency  Emergency exercises being carried out in Response accordance with plans.  Harbour personnel appropriately trained for emergency response.  Appropriate debriefing of exercises taking place.  Follow up actions implemented. Incident  Reports being correctly logged. Reporting  Follow up written reports from Masters being received.  Remedial actions appropriately carried out.  Information circulated to interested parties.  Analysis / trends identified Document  Correspondence log kept up to date. Control  E-mails and responses correctly recorded. Maintenance  Daily, Weekly and Monthly procedures being Management adhered to and correctly recorded. System  Missed maintenance correctly recorded and remedial action planned. Safety Checks  Daily Safety Checks properly conducted and shortcomings logged.  Safety pick up actions followed through and closed out. Mooring  Mooring applications properly logged and waiting Provision list effectively managed.  Vacated moorings reallocated in a timely fashion.

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1.3 Accident and incident reports

1. The procedure for Accident and Incident Reporting can be found in 2. Appendix B

3. There is a log of accident and incident reports contained in the Health & Safety manual

4. It is the policy of the NBHTA to encourage the reporting and investigating of near misses as if the accident had occurred. (to improve statistical analysis and therefore contribute to marine safety).

1.4 Organization and personnel roles

The Safety policy (Appendix A) defines the roles and duties of NBHTA. The policy separately defines the duties of the employees of the Trust and of other harbour users.

1.5 Standards and levels of qualifications for employees and contractors

Employees and contractors must have a knowledge of the statutory duties regarding health and safety at work. They must work in accordance with the established work systems and adhere to good safety practice at all times. See PMSC 1.14

1.6 Performance measuring methods

Performance is measured in reports to NBHTA and the Harbour Management Committee at their regular meetings. These reports will be minuted and in all cases will include:

1. the results of the investigations into accidents and incidents. 2. defects identified as a result of the monthly harbour inspection. 3. results of agreed remedial or improvement actions. 4. Statistics – number of incidents and near misses?

1.7 Plans and assessments against the harbour’s performance

A formal assessment and improvement programme is created after the visit of the Designated Person for implementation over the next year by the NBHTA.

1.8 Emergency procedures

The policy for dealing with any emergency in the harbour is shown in Appendix C

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1.9 Lessons learned

Accident reports prepared by the Marine Accident Investigation Branch (MAIB) are published on the Harbour notice board where they are relevant to the harbour activities in North Berwick. Such reports inform updates to SMS and formal RA review.

1.10 Navigation aids

1. It is the policy of the NBHTA to provide navigation aids based on formal risk assessment.

2. This is particularly relevant where there are any exceptional activities such as closure of the harbour with booms due to pressure of weather.

3. NBHTA does not undertake to maintain informal marks placed on the various hazards in the vicinity of the harbour.

4. Guidance on the approaches to North Berwick and local hazards are published in the Forth Yacht Clubs Association Pilot Handbook. It is recommended that reference be made to that publication by all skippers using North Berwick Harbour.

1.11 Provision of moorings

All harbour craft are allocated moorings positions by the Harbour Master in line with NBHTA policy. The Harbour Master is empowered to change these mooring positions if there is any danger to the safety of people or vessels.

1.12 Deficiencies in visiting vessels

If the Harbour Master or his assistant become aware that visiting vessels present any danger to themselves, other harbour users or the harbour itself such deficiencies must be reported to the Harbour Manager immediately and to the Maritime and Coastguard Agency (MCA).

1.13 Updating of the Safety Management System

The Safety Management System will be reviewed by the officer in charge of Health & Safety at least once per quarter. Any amendments need to be minuted at both the Health & Safety Meeting and at North Berwick Harbour Trust Meeting. The Harbour Master and his assistant are required to sign the latest version.

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2. Designated person

2.1 The PMSC states there is a requirement for a Designated Person (DP) who will provide independent assurance directly to the Duty Holder that the marine safety management system, for which the Duty Holder is responsible, is work- ing effectively. Their main responsibility is to determine, through assessment and audit, the effectiveness of the marine safety management system in ensur- ing compliance with the Code. In order to fulfil this function, the Designated Person must have a thorough knowledge and understanding of the require- ments of this Code (and supporting Guide to Good Practice) and associated port and marine legislation. Their role does not obscure the accountability of the organisations duty holder.

2.2 Appointment

Captain W. Graham Vale AFNI, of WGV Marine has been appointed to pro- vide independent assurance directly to NBHTA that the safety management system is working effectively. The safety management system includes proper record procedures so that the duty holder and designated person can be satis- fied that the system is functioning properly. Records of regular safety checks, Risk Assessments, policies and procedures, and reported incidents are held within the Harbour Master’s office.

2.3 Independent assurance

The designated person will be invited to examine and comment on North Berwick Harbour’s Safety Management System as the result of an on-site annual visit.

2.4 Access to NBHTA

The designated person will be encouraged to meet the NBHTA as part of the annual visit. It is the policy of NBHTA that the designated person has the right to attend the next meeting if there are any matters that need to be raised with or addressed by NBHTA.

3. Duty Holders

3.1 Appointment

The Duty Holders are the trustees of the North Berwick Harbour Trust Association.

3.2 Publication

The names of the Duty Holders shall be published on the North Berwick Harbour Trust’s web-site. It should be noted that they are collectively and individually responsible for marine safety. NBHTA SMS Edition 6 February 2018 12 | P a g e

3.3 Liability

The Duty Holders have joint and several liability. The Trust undertake to ensure that appropriate personal indemnity insurance is always in place.

3.4 Scope

Duty Holders cannot assign or delegate their accountability for compliance with the code on the grounds that they do not have particular skills.

3.5 Lines of communication

The lines of communication between the Harbour Master and any Assistant Harbour Master or Harbour Assistant and the Duty Holders is via the Harbour Manager. The Harbour Master also attends the monthly meetings of the Harbour Management Team.

4. Legal powers and duties

4.1 General Directions

As part of achieving full Trust Status the Duty Holders will apply for the power to develop General Directions and issue Special Directions for the harbour. General Directions will be placed on the Trust’s web-site and included in the Safety Management System. Special Directions will be issued and promulgated as required by the Harbour Master in individual circumstances.

4.2 Byelaws

The Trust will make bye-laws based upon the current Council Management Rules for North Berwick Harbour Apr 2017 when empowered to do so by a Harbour Empowerment Order. These will be the basis for the ongoing management of the harbour. Until then reliance will be placed upon the Management Rules.

4.3 Navigational Safety

The Duty Holders will develop and review safe methods of navigation within the harbour. Formal Marine Risk Assessments will be undertaken and reviewed and General Directions will be developed to mitigate risk.

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4.4 Scope

The jurisdiction of the Duty Holders is currently defined by the North Berwick Harbour Management Rules and the Lease over the defined area granted by East Lothian Council.

4.4 East Lothian Council has in place Management Rules made under the auspices of the Civic Government () Act 1982. These rules form the basis for the governance of the harbour and will remain in place until replaced by byelaws and General Directions.

5. Consultation

5.1 Consultation with employees

The Harbour Master is employed by East Lothian Council but for the purposes of this document he will be referred to as if he were an employee of NBHTA. His line of communication with NBHTA is through the Harbour Manager. He attends the regular meetings of the Harbour Management Team. An administration assistant is employed on a part time basis within the harbour office and has regular contact with the Harbour Manager.

5.2 Consultation with harbour users

There is an annual meeting of “stakeholders” to which representatives from the different harbour user groups are invited. NBHTA trustees are also in regular informal contact with harbour users. Stakeholders will be consulted and their interests will be considered when taking policy decisions and developing Risk Assessments.

5.3 Consultation with suppliers

Outside contractors and suppliers will be required to liaise and consult with the Harbour Master and/or specified members of NBHTA prior to engaging upon any onsite work within the Harbour area to ensure that safe systems of work are in place and that all relevant legal requirements are met. For large events, e.g. Fringe by The Sea, a Joint Minute of Agreement will be prepared and signed by both parties.

5.4 Channels of communications

Information is published on the Trust’s website and some notices are displayed at the Harbour Master’s office on public noticeboards.

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6. Risk assessments

6.1 Marine risks

NBHTA will follow the guidance provided in Section 4 of the Guide to Good Practice in Port Marine Operations prepared in conjunction with the Port Marine Safety Code 2016. Marine Risk assessments will be prepared and reviewed in line with that guidance.

The Harbour Management Team has navigational and other marine risks on its agenda each month.

6.2 Other harbour risks

These are assessed in line with the guidance contained in Appendix E

7 Training

7.1 Scope of training

Training is required for the Harbour Master and any temporary assistant. Training is also required for volunteers undertaking specific duties.

7.2 Contents of training

The nature and the time of training is recorded in the Health & Safety Manual.

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Appendix A

HEALTH AND SAFETY - GENERAL POLICY STATEMENT

North Berwick Harbour Trust Association recognises its continuing responsibility to provide a healthy and safe environment. We implement policies in line with the provisions of the Health & Safety at Work Act 1974, the Port Marine Safety Code and “Guide to Good Practice on Port Marine Operations”.

North Berwick Harbour Trust Association will:

 Carry out harbour and associated marine operations, in a manner which minimises effects on the environment and the community and which also protects the safety and health of: employees; users; others with business in the harbour areas and the general public;  Operate to at least the standards required by law, regulation and Approved Codes of Practice (ACOP’s);  Ensure that employees perform their duties in a manner consistent with these principles.

The Trust will ensure that employees and harbour users are aware of their responsibilities to prevent accidents and personal injuries and to eliminate hazards to health during the conduct of harbour business.

The Chair of North Berwick Harbour Trust Association has overall responsibility for Health and Safety, and has indicated in this General Policy Statement the Trust’s procedures for instigating and implementing monitoring and control procedures.

Legal requirements will be followed at all times by -

 Providing and maintaining satisfactory plant, equipment and work systems.

 Avoiding risks to health and safety during the use, storage, handling and transfer of items of plant, equipment and other articles and substances.

 Maintaining, in a safe and satisfactory condition, all areas of the harbour as well as safe means of access and exit.

 Providing and maintaining a safe and satisfactory working environment, together with appropriate and effective PPE, clothing, safety equipment and adequate facilities for the well-being of employees.

 Providing all necessary instruction, training and supervision.

North Berwick Harbour Trust Association will:

 Ensure that the safety requirements of every job are complied with.

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 Ensure that all equipment maintenance, routine inspections and essential repairs are completed as scheduled, or immediately that they are required.

 Ensure that instruction and training on job safety is provided to existing and future employees.

 Insist that employees and harbour users follow the safety requirements and draw attention to any errors and/or omissions on the part of employees for whom they are responsible.

 Check regularly that statutory regulations are being met and that employees and harbour users are aware of the North Berwick Harbour Trust Association safety policy.

 Ensure that health and safety policies and procedures are continually reviewed and updated as required, and are prioritised in the Trust’s procedures and reporting.

 Ensure the safety of all visitors, supplier representatives and employees, and all external tradesmen and contractors.

 Ensure that all injury and damage accidents and other dangerous occurrences are reported and investigated at once and that effective remedial action is taken.

 Ensure that the cause of all accidents and other dangerous occurrences are analysed and reported on a monthly basis.

It is the duty of employees and harbour users to:

 Take reasonable care of the health and safety of themselves and of other people who may be affected by their acts or omissions at work.

 Wear protective clothing and use safety equipment when necessary.

 Report every damage and injury accident no matter how slight to the Harbour Master as soon as possible after its occurrence, and to ensure that the Accident Book is fully and promptly completed.

 Report to the Harbour Master any potential hazard to health and safety.

 Work in accordance with the established works systems and adhere to good safety practice at all times.

 Co-operate with the North Berwick Harbour Trust Association in the implementation of its statutory duties regarding health and safety at work. NBHTA SMS Edition 6 February 2018 17 | P a g e

The following acts may lead to prosecution by the enforcing authority for an individ- ual to:

 Disregard the Trust’s health and safety regulations.

 Interfere with or misuse anything provided by the Trust in the interests of health, safety or welfare.

 Operate any machinery or equipment which is known to be unsafe, defective, or which is not in full operating order.

 Disregard any fire precautions.

The implementation of the Trust’s health and safety policy within the confines of the harbour is the responsibility of the Harbour Master.

The Trust will undertake regular risk assessments of its activities and commits to implementing risk control and management measures as appropriate. These may include development of safe systems of work and where necessary written procedures, for specific high-risk activities.

North Berwick Harbour Trust Association will consider all incidents, including near misses, during the monthly meeting. The safety performance of the Trust will be reviewed in detail every six months and measures identified where necessary to achieve continuous improvement in safety performance.

Signed: Jane McMinn Chair North Berwick Harbour Trust Association

Signed: Bill Roberts Harbour Manager

Date: 7 March 2018 Revision Date: February 2018 NBHTA SMS Edition 6 February 2018 18 | P a g e

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Appendix B

ACCIDENTS AND INCIDENTS POLICY

Recording and Reporting

The details of all work-related accidents involving any person working on Trust premises or a contractor visiting Trust premises must be entered in the accident book.

All reported accidents must be fully investigated by the Health and Safety Manager. Following the investigation, the Health and Safety Manager must take or recommend action that will prevent or minimise the risk of a similar accident happening again.

An accident investigation report must be completed within three days of the accident.

The Trust will in turn notify the insurers, carry out any further investigation that is considered necessary and put in place any recommended action that is agreed that will prevent or minimise the risk of a similar accident happening again.

NOTE: A copy of the accident investigation report form follows this page.

If there is a work-related accident and any person working on NBHTA premises or a contractor visiting the premises suffers a major injury the Chairman must be told at once. The Trust will then inform the HSE on-line.

Major injuries include:

1. fracture other than to fingers, thumb and toes 2. amputation 3. dislocation of the shoulder, hip, knee or spine 4. loss of sight (temporary or permanent) 5. chemical or hot metal burn to the eye or any penetrating injury to the eye 6. injury resulting from an electric shock or electrical burn leading to unconsciousness or requiring admission to hospital for more than 24 hours 7. unconsciousness caused by asphyxia or exposure to a harmful substance or biological agent 8. acute illness requiring medical treatment, or loss of consciousness arising from absorption of any substance by inhalation, ingestion or through the skin 9. acute illness requiring medical treatment where there is reason to believe that this resulted from exposure to a biological agent or its toxins or infected material

Any work relating accident involving an employee that results in an absence of five days or more (including weekends) must be reported to the HSE on-line.

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NORTH BERWICK HARBOUR TRUST ASSOCIATION Registered Charity No SC045318 Chairperson: Jane McMinn Secretary: Bill Roberts Treasurer: Sandy Knox

Date of incident/accident:

Date......

Time......

Injured person:

Name………………………………………………………………………………......

Age…………………Date of Birth…………………………………......

Occupation…………………………………………………………………….………

Address …………………………………………………………......

Tel No ......

Person in charge:

Name......

Position held......

Site where incident/accident took place:

Exact Location......

Nature of incident/accident and extent of injury:

Describe what activity was taking place ......

What precisely happened ...... Details of injury ......

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Remedial Action:

Give full details of the action taken ......

First Aid treatment ......

First Aider’s name(s) ......

Other Agencies:

Were any of the following contacted:

Police: Yes ❒ No ❒

Ambulance: Yes ❒ No ❒

Fire: Yes ❒ No ❒

Coastguard: Yes ❒ No ❒

Forth Ports Authority: Yes ❒ No ❒

Parent/carer: Yes ❒ No ❒

Immediate Outcome:

What happened to the injured person following the incident/accident? (e.g. went home, went to hospital, carried on with session) ......

Recommendations for follow-up action: ......

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Review comments by Association: ......

Date incident closed: ......

Authentication statement:

All of the above facts are a true and accurate record of the incident/accident.

Name ......

Position ......

Signature ......

Date ......

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Appendix C

EMERGENCY RESPONSE POLICY

Because of the size and nature of the harbour the response to any emergency is for anyone who is alerted to the emergency to phone 999 and inform the Coastguard or other Emergency Services. The Harbour Master must also be informed.

The Harbour Master will be informed by the Coastguard of any emergency. The Harbour Master in turn will contact the Harbour Manager and/or Chairman of the Trust and any other members who can help and the vessel owners.

In the case of fire, the Fire and Rescue Service will have command responsibility. Individuals should not take precipitate action which may endanger themselves or others when taking first steps to deal with the emergency.

In the case of personal injury appropriate first aid may be administered until the arrival of professional medical services.

If there is a spillage of pollutants into the Harbour the North Berwick Harbour Oil Spill Contingency Plan will be implemented.

Vessel owners are advised to contact their insurance companies immediately if involved in any emergency including the spillage of oil and any other event involving third party risks.

A separate Emergency Response Plan is available.

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Appendix D

Emergency Response Plan

1. INFORMATION 1.1 North Berwick Harbour consists of the area within the harbour walls and also of the sea areas known as the West Bay and the Fairway. To landward NBHTA have responsibility for part of the area known as the Esplanade, the quaysides, the Harbour Master’s Office and the Fishermen’s’ Stores. A detailed map of the area is attached. 1.2 NBHTA have a lease from the owners of the landward area and the inner harbour (East Lothian Council) and are responsible for the overall management of the whole area in line with the objectives and responsibilities of the Port Marine Safety Code and their charitable status with the Office of the Scottish Charity Regulator (OSCR). 1.3 The harbour itself is tidal and dries completely at low tide apart from some neaps when part of the harbour bed remains under varying degrees of water. At extreme spring tides not only does the harbour dry completely but the West Bay becomes extremely shallow and some vessels moored there may ground, especially in rough weather. The Fairway and the West Bay are adversely affected by swell in certain weather conditions and the harbour itself has the facility to be protected by insertion of booms across the harbour mouth by means of a crane. Should this occur then HM Coastguard will be informed by telephone. 1.4 Throughout this plan, in the absence of the Harbour Master, the Harbour Assistant so appointed has the authority to act for the Harbour Master and the Harbour Manager has overall managerial responsibility. NBHTA is a voluntary organisation with Trust members collectively responsible for all aspects of management of the harbour, but there is not an “On Call” rota. In some circumstances there may be a delay in the availability of any NBHTA personnel or resource to the emergency services.

1.5 Resources: ITEM LOCATION ACCESS KEY LOCATION Sledge Hammer Harbour Master’s Harbour Master’s Store Office Club Hammer Harbour Master’s Harbour Master’s Store Office Cold chisel Harbour Master’s Harbour Master’s Store Office Bolt cutters Harbour Master’s Harbour Master’s Store Office

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Cordless angle grind- Harbour Master’s Harbour Master’s er Store Office PPE – Hard hats, Harbour Master’s Harbour Master’s Gloves, lifejackets, Store Office weatherproof Jackets Chain and shackles Harbour Master’s Harbour Master’s Store Office Wheel barrows, Harbour Master’s Harbour Master’s brushes and shovels Store Office Oil spill Kit Harbour Master’s Harbour Master’s Store Office Ladder Harbour Master’s Harbour Master’s Store Office Electrical extension Harbour Master’s Harbour Master’s cables Store Office Petrol blower Harbour Master’s Harbour Master’s Store Office Spray knapsack Harbour Master’s Harbour Master’s Store Office

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2 INTENTION 2.1 The Emergency Plan forms part of the overall North Berwick Harbour Marine Safety Management System meeting aims set down in the Port Marine Safety Code. Marine and other emergencies will be dealt with under arrangements published in these plans and the Harbour Master’s Directions. 2.2 Priorities in any emergency will be:  Safety of life  Safety of Navigation  Environmental Protection 3 METHOD GENERAL PRINCIPLES 3.1 In any emergency raise the alarm immediately by phoning 999 and contacting the emergency services. 3.2 All reasonable steps must be taken by those at the scene to render whatever aid is immediately available. Further aid and action will be co-ordinated through emergency control centres as required. 3.3 This plan sets out the actions to be taken in an emergency or potential emergency in the Harbour are and in the event of a major incident declared by the emergency services. 3.4 The decision to designate an emergency and implement the Emergency Plan is made by the Harbour Master. If he is not available then the Harbour Manager may be consulted by any other person with a view to implementation. Should neither be available then the Emergency Services will liaise with East Lothian Council Emergency Planning Officer and implement action as required. Full scale emergency declarations will be made in consultation with the emergency services. 3.5 All incidents within the harbour are to be reported to the Harbour Master. 3.6 The decision to close/restrict the harbour to movements will be made by the Harbour Master. 3.7 The Coastguard will be kept informed and will broadcast navigational warnings as required. 3.8 Published plans are available on the North Berwick Harbour Trust association website http://www.nbharbour.org.uk/. 3.9 Attention is drawn to the North Berwick Harbour Oil Spill Plan and the North Berwick Community Emergency Plan. 3.10 Command and Control of an emergency will be exercised by the emergency service most relevant to the task. NBHTA will liaise and assist with the emergency services to the best of their ability and will offer any available resources in terms of personnel or equipment. If a forward command post and/or Incident Room is required NBHTA will, if requested, provide a liaison/contact person either within the command post or on the scene as appropriate. The nature of the organisation of NBHTA is such that this may not be possible as there is no “On Call” rota for emergencies. 3.11 No vessels are to be moved from any mooring or anchorage after the receipt of an alarm without the permission of the Harbour Master, except when the vessel concerned is in immediate danger of being affected by the emergency and it is impossible to obtain permission. Such movements should only take place where NBHTA SMS Edition 6 February 2018 27 | P a g e

grave risk exists and the Harbour Master must be informed as soon as possible. 3.12 Under no circumstances may any vessel on fire or in danger of sinking, or causing major pollution, or other casualty be moved or brought into the harbour without the specific authority of the Harbour Master who will designate the route to be taken and the berth to be taken to. The Harbour Master will inform HM Coastguard, Authority, SEPA and East Lothian Council of any pollution incident or potential for pollution. 3.13 In the event of pollution occurring, the Harbour Master must be informed as soon as possible and all steps should be taken to isolate the source. The Harbour Master will initiate the Oil Spill Plan should that be appropriate. 3.14 Vessels in danger of sinking will not enter or approach the inner harbour (within the harbour walls) unless directed to do so by the Harbour Master. 3.15 In the event of bodies being found in the harbour or at the scene of any emergency, the police and Harbour Master must be informed. The Harbour Master will assist the police as required. FIRE OR EXPLOSION ON QUAY OR VESSEL. 3.16 All fires and explosions on the quay or on vessels alongside are to be treated as potentially dangerous. 3.17 The responsibility for raising the alarm will rest with Masters of vessels alongside or the Harbour Master. The 999 emergency call should provide details of location, what is on fire, casualties and if persons are missing. 3.18 The Harbour Master must be informed as soon as any alarm is raised. 3.19 Safety of life is paramount and no-one should endanger themselves unnecessarily to save property. 3.20 After raising the alarm the responsibility for fighting any fire rests with Masters/owners/operators/Harbour personnel until the Fire Brigade arrives. 3.21 The Harbour Master will declare an emergency to HM Coastguard by telephone. (The Harbour Master does not have marine VHF facilities). 3.22 Overall control of traffic in the harbour will be carried out by the Harbour Master. COLLISION OR EMERGENCY OTHER THAN FIRE OR EXPLOSION INVOLVING VESSELS WITHIN THE HARBOUR (INCLUDING OIL SPILLS – SEE ALSO OIL SPILL PLAN). 3.23 In any emergency involving collision Masters should raise the alarm immediately by calling HM Coastguard on VHF channel 16. If alongside call 999. The Harbour Master must be informed as soon as any alarm is raised. 3.24 The Master must take steps to safeguard his vessel, prevent it from sinking or obstructing the channel, rescue persons in danger and restrict pollution. 3.25 The Harbour Master will decide what steps are required to safeguard the vessel, harbour installations and harbour in general. 3.26 If circumstances require, the Harbour Master will instigate the Oil Spill Plan. 3.27 HM Coastguard must be kept updated and will broadcast information on VHF channel 16 to warn other vessels. 3.28 Overall control of traffic in the harbour will be carried out by the Harbour Master. 3.29 The Harbour Master will deploy any equipment as necessary. 3.30 If beaching of vessels is required to avoid sinking, the Harbour Master should be informed as quickly as possible and the vessel moved to shallow water and away NBHTA SMS Edition 6 February 2018 28 | P a g e

from any potential position of obstruction. VESSELS APPROACHING THE HARBOUR ON FIRE OR IN DANGER OF SINKING OR HAVING SUSTAINED DAMAGE. 3.31 In the case of a vessel requesting permission to enter the inner harbour or its approaches which is on fire or in danger of sinking, the Harbour Master will decide when and in what manner the vessel shall enter. 3.32 Any authorities learning of a vessel in these conditions approaching the harbour are required to immediately inform the Harbour Master. 3.33 The Master of the vessel must seek necessary permission to enter which may be sought on their behalf by HM Coastguard. 3.34 Before entering the inner harbour, the vessel will be inspected by the Harbour Master and advisors and if satisfied that the vessel constitutes no danger to other vessel movements, port installations and harbour in general, will allow it to proceed to a specified mooring. 3.35 Incidents involving small craft happen very quickly and can get out of hand. It is essential that the response to such incidents be speedy and positive. It is however essential that the Harbour Master be informed at the earliest point in an incident to ensure rapid local response is being carried out. NBHTA resources available at the time of any incident must be deployed as a first priority, to be followed by services from other agencies who must be contacted at the soonest opportunity.

3.36 All small craft fires are to be treated as potentially dangerous and a threat to the harbour, other vessels and property. 3.37 The responsibility for raising the alarm will rest with Master/crew of the vessel concerned. Other persons seeing or believing there to be a fire or explosion on any vessel should report the matter by a 999 call to the emergency services and also inform the Harbour Master, who will confirm the alert to all authorities concerned. 3.38 Action to Take: 1 The Harbour Master will make available all appropriate resources to the reported scene. 2. Early 'first aid' firefighting will be undertaken. 3. Other vessels in vicinity will be moved. 4. A count of personnel aboard will be undertaken. 5. The Harbour Master will advise of medical services requirements 6. The craft involved will be moved/isolated to a safe zone clear of other craft.

3.39 Nothing in this section shall preclude the master of a vessel taking whatever action is required to preserve life. FIRE OR EXPLOSION AT HARBOUR PROPERTY 3.40 Incidents involving fires at property happen very quickly and can get out of hand. It is essential that response to such incidents must be speedy and positive. It is however essential that the Harbour Master be informed at the very earliest point in an incident to ensure rapid local response is being carried out. NBHTA NBHTA SMS Edition 6 February 2018 29 | P a g e

resources available at the time of any incident must be deployed immediately, to be followed by services from other agencies.

3.41 All fires at property are to be treated as potentially dangerous and a threat to the harbour, vessels and other property. 3.42 The responsibility for raising the alarm will rest with the person discovering the fire. Persons seeing or believing there to be a fire or explosion at any harbour property should report the matter by 999 emergency call and to the Harbour Master at the earliest opportunity. 3.43 Action to take: 1 Shout "FIRE" and raise the alarm 2 Call 999 and ask for the fire brigade, state location of fire. 3 Contact the Harbour Master who will make available all appropriate resources to the reported scene. 4 Early 'first aid' fire fighting will be undertaken if safe to do so. 5 Abandon attempts to control the fire if the extinguisher runs out or your means of escape is threatened. 3.44 Persons in any property should leave the building immediately on hearing the alarm. Do not stop to collect personal belongings. Report to muster point. 3.45 The Muster Point in any emergency situation will normally be the Harbour Master’s office if viable. If compromised then a convenient alternative will be designated by the Harbour Master dependent upon the nature of the emergency. 3.46 In the case of fire, the Fire and Rescue Service will have command responsibility. Individuals should not take precipitate action which may endanger themselves or others when taking first steps to deal with the emergency.

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4 ADMINISTRATION  Policy is determined by the Harbour Management Team. Should a “Gold” level individual be required to liaise at that level then this will be undertaken by the Chair of NBHTA.  Strategy is determined by the Harbour Manager. (Silver)  Tactics are determined by the Harbour Master. (Bronze) 4.1 Paper copies of this plan will be available within the Harbour Master’s office and it will be published on the NBHTA website. The existence of the plan will be notified to relevant authorities and local stakeholders. 4.2 The Plan will be reviewed at least annually and also following any emergency incident. 4.3 A “hot washup” debrief meeting will be held immediately after any incident to capture any learning points. At a suitable point thereafter, a full examination of the circumstances will take place and this Emergency Plan will be revised in light of any experience. 4.4 HARBOUR MASTERS OFFICE OPENING HOURS 5th Mar 2018 to 31st Oct 2018 Sunday 09:00-12:00 & 13:00-17:20 Monday CLOSED Tuesday CLOSED Wednesday 09:00-12:00 & 13:00-17:20 Thursday 09:00-12:00 & 13:00-17:20 Friday 09:00-12:00 & 13:00-17:20 Saturday 09:00-12:00 & 13:00-17:20

30th Oct 2017 to 4th Mar 2018 Sunday CLOSED Monday CLOSED Tuesday CLOSED Wednesday CLOSED Thursday CLOSED Friday 09:00-14:00 Saturday 09:00-14:00 Sunday CLOSED

5 COMMUNICATIONS 5.1 Because of the size and nature of the harbour the response to any emergency is for anyone who is alerted to the emergency to phone 999 and inform the Coastguard or other Emergency Services. The Harbour Master must also be informed if he is on duty, failing whom then the nominated member of NBHTA for the relevant period. 5.2 The Harbour Master will be informed by the Coastguard of any emergency. The Harbour Master in turn will contact the Harbour Manager and/or Chairman of the Trust and any other members who can help and the vessel owners. 5.3 If marine VHF is being used then Ch16 will be the emergency contact channel and a suitable working channel selected when required. (Note that currently the NBHTA SMS Edition 6 February 2018 31 | P a g e

Harbour Master does not have direct access to Marine VHF). 5.4 The 999 emergency telephone service will be the primary means of contacting the emergency services. 5.5 Contacts North Berwick Harbour Office Tel: 01620 893333 Mob: 07776 467373 [email protected]

NBHTA Representative 07776 467373

Aberdeen Coastguard 01224 592 334 4th Floor Marine House Blaikies Quay AB11 5PB

Belfast Coastguard 02891 463 933 Bregenz House Quay Street Bangor Co Down BT20 5ED

Forth & Tay Navigation Service (FTNS) 01324 498584 Grangemouth Port Office [email protected] Grangemouth VHF Ch71 FK3 8UE

Forth Ports Limited Duty Harbour Master Forth and Tay Navigation Service 01324 498584 Marine Operations Building South Shore 07793 595031 Road FK3 8TQ Marine Emergency Centre - (manned only during emergency) 0132 449 8595

Department for Transport Marine Ac- 0238 023 2527 (24 hr) cident Investigation Branch 105 Commercial Road Southampton, SO15 1GH

Scottish Fire and Rescue Service EMERGENCY 999 SFRS East HQ NBHTA SMS Edition 6 February 2018 32 | P a g e

21 Claylands Road 0131 228 2409 Newbridge EH28 8LF

SEPA 0800 80 7060 (24 hours) East Region HQ Clearwater House Heriot 0131 449 7296 (Switchboard) Watt Research Park Avenue North Riccar- ton Edinburgh EH14 4AP

East Lothian Council 01620 827 827 (office hours) Council Buildings 01875 612 818 (24 hours) Haddington EH31 3HA Emergency Planning Officer 01620 827 779 (office hours) Sandy Baptie 0741 471 0375 (24 hours)

Police Scotland EMERGENCY 999 ACR Bilston Non-emergency 101 Edinburgh

Scottish Ambulance Service EMERGENCY 999 National Operations Manager 0141 810 6106

Marine Scotland Duty Officer Marine Laboratory PO Box 101 Victoria 0122 487 6544 Road Aberdeen AB11 9DB 0777 073 3423 (24hrs) To request approval to use dispersants, call the Duty Officer.

Scottish SPCA 03000 999 999 (0700 – 2300) Kingseat Road Halbeath Dunfermline KY11 8RY

Scottish Power Generation Ltd Request: Shift Manager 0125 973 0631

National Grid Gas emergency: Electricity emergency: 0800 111 999 0800 404 090

Scottish Natural Heritage Silvan House, National Oil Spill Co-ordinator – Dr 3rd Floor E, 231 Costorphine Road, Edin- John M Baxter burgh, EH12 7AT 0131 316 2610 0162 089 5669

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Emergency Response Plan – Summary Card In any emergency raise the alarm immediately. Phone 999 and contact the emergency services. Priorities in any emergency will be:  Safety of life  Safety of Navigation  Environmental Protection The Coastguard will be kept informed and will broadcast navigational warnings as required. Published plans are available on the North Berwick Harbour Trust association website http://www.nbharbour.org.uk/. Attention is drawn to the North Berwick Harbour Oil Spill Plan and the North Berwick Community Emergency Plan. Command and Control of an emergency will be exercised by the emergency service most relevant to the task. NBHTA will liaise and assist with the emergency services to the best of their ability. Equipment is kept in the Harbour Master’s store within the Granary Building and the keys is within the Harbour Master’s office. POLLUTION: In the event of pollution occurring, the Harbour Master must be informed as soon as possible and all steps should be taken to isolate the source. The Harbour Master will initiate the Oil Spill Plan should that be appropriate. To request approval to use dis- persants, call the Duty Officer at Marine Scotland 0122 487 6544 0777 073 3423 (24hrs).

FIRE OR EXPLOSION Shout "FIRE" and raise the alarm Call 999 and ask for the fire brigade, state location of fire. Early 'first aid' firefighting will be undertaken if safe to do so. Abandon attempts to control the fire if the extinguisher runs out or your means of escape is threatened. Other vessels in vicinity will be moved if possible A count of personnel aboard will be undertaken. The craft involved will be moved/isolated to a safe zone clear of other craft.

North Berwick Harbour Office Tel: 01620 893333 Mob: 07776 467373 [email protected] Forth Ports Limited Duty Harbour Master Forth and Tay Navigation Service 01324 498584 Marine Operations Building South Shore 07793 595031 Road Marine Emergency Centre - (manned FK3 8TQ only during emergency) 01324 498595

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Appendix E

Risk assessments which fall out with the scope of Marine Risk are produced and reviewed as follows:

North Berwick Harbour Risk Assessment Process

Scope

The risk assessments consider the risks to people assets and the environment from foreseeable incidents on the harbour premises. The assessments therefore include issues which may result in harm to members of the public, users of the harbour, harbour staff, assets belonging to the harbour and the public and the environment. The objective is to identify management measures which will prevent harm to people, financial loss to the harbour and its users and finally impacts on the environment of the harbour. North Berwick harbour is a relatively small operation and therefore the assessments are not extensive but do cover the main causes of foreseeable risk

Method

The risk assessments were undertaken by firstly identifying hazards on site by consultation with harbour employees and members of the Trust and then considering the risk in terms of the likelihood and severity as defined by a numerical scale for each. The likelihood and severity scores are multiplied to provide an overall risk score.

There is an attempt to find three levels of controls that will either eliminate or reduce the likelihood of the event happening or the severity of its effect:

No Go; More controls to be considered; and Go.

Full details and individual Risk Assessments can be found in the Health and Safety and Risk Assessments Manual.

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Appendix F

Navigational Safety Management

Navigation Risk Assessments are produced and reviewed in line with the guidance provided by the Port Marine Safety Code Sections 2.7 – 2.11 and the Guide to Good Practice on Marine Operations Section 4 associated with that Code.

North Berwick Harbour also has Management Rules which every user must obey as a condition of his or her right to use the harbour . All users of North Berwick Harbour are expected to comply with the International Regulations for Preventing Collisions at Sea, 1972. (COLREGs)

In particular –

 Look-outs should be kept (Rule 5)  Safe speeds should be adopted (Rule 6). Speeds should not exceed 3 knots within the harbour or 5 knots in the fairway. These speed limits are included in the Bye-Laws.  Risk of collisions should be avoided (Rule 7)  Action to avoid collisions should be taken where necessary (Rule 8)  Narrow channels should be respected (Rule 9) with particular emphasis on the harbour entrance.  Lights and shapes should be displayed in accordance with the international rules

Navigational risk identification:

Any harbour user who notices a risk that relates to the navigation within the harbour should report that risk to the Harbour Master.

Risk assessment:

The Harbour Master and/or a designated member of NBHTA will assess the risk and recommend appropriate remedial action.

A separate document “Navigation Risk Assessments” has been produced to which reference should be made.

Process for changing the rules or guidance in relation to navigation within North Berwick Harbour:

The Harbour Management Team which includes representatives from the harbour users will consider, and if necessary amend, the actions proposed in the risk assessment. If any particular user group is not represented on the HMT, this group will also be consulted about any proposed change.

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NBHTA will then formally review the proposed changes and, if they are approved, will ratify them.

Changes to navigation rules will be posted on the North Berwick Harbour Trust website and on the harbour notice-board

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