The U.S. Coast Guard on March 22 issued a change to its previously released Marine Safety Information Bulletin (MISB) 02-21, which outlined the requirement for people to wear masks while aboard vessels and at transportation hubs. The change reflects the inclusion of mask requirements at seaports and provides additional information on the applicability for mask wear throughout the maritime transportation system.
Under its original guidance (released Feb. 1), which implemented a previously issued federal order from the U.S. Centers for Disease Control and Prevention (CDC), vessel and transportation hub operators were directed to take steps to reduce the spread of COVID- 19 by ensuring that everyone on a vessel wear a mask when boarding and/or disembarking for the duration of the travel. The original order caused confusion in some segments of the maritime industry, partly because it appeared inconsistent with the executive order upon which it was based. Nevertheless, depending on the circumstances, according to the CDC order and updated MSIB, best practices should include:
- Boarding only those persons who wear masks;
- Instructing persons that Federal law requires wearing a mask on the conveyance and failure to comply constitutes a violation of federal law;
- Monitoring persons on board the conveyance for anyone who is not wearing a mask and seeking compliance from such person;
- At the earliest opportunity, disembarking any person who refuses to comply; and
- Providing persons with prominent and adequate notice to facilitate awareness and compliance of the requirement of this order to wear a mask. Digital platforms, such as on apps, websites, or email; posted signage in multiple languages with illustrations; printing the requirement on transit tickets; or other methods were suggested as possible avenues through which adequate notice could be given. Under the new guidance, operators of sea ports (maritime transportation hubs) now must also use best practices to ensure that any person entering or conducting business on the premises of the port wear masks. Depending on the circumstances, best practices for enforcing the latest mandate include, in essence, the same steps listed above.
The CDC Mask Order exempts the following categories of persons:
- A child under the age of 2 years;
- A person with a disability who cannot wear a mask, or cannot safely wear a mask, because of the disability as defined by the Americans with Disabilities Act (42 U.S.C. 12101 et seq.);
- A person for whom wearing a mask would create a risk to workplace health, safety, or job duty as determined by the relevant workplace safety guidelines or federal regulations.
The latest CDC update stipulates that vessel or facility operators, owners, or companies should provide clear guidance as to when wearing a mask would create a risk to workplace, health, safety or job duty for crew members and facility personnel. The company guidance should address specific tasks that cannot be accomplished safely while wearing a mask. A blanket policy cannot be issued to exempt all persons from wearing a mask at all times. Crew members and facility personnel may be exempt from wearing a mask only when actively performing the task and should immediately wear a mask when the task is complete. Since passengers should refrain from instances where wearing a mask may present a risk, this exemption does not extend to passengers.
Despite the foregoing mandates, the requirement to wear a mask shall not apply under the following circumstances:
- While eating, drinking, or taking medication, for brief periods;
- While communicating with a person who is hearing impaired when the ability to see the mouth is essential for communication;
- If unconscious (for reasons other than sleeping), incapacitated, unable to be awakened, or otherwise unable to remove the mask without assistance, experiencing difficulty breathing or shortness of breath or feeling winded, the mask may be removed temporarily until able to resume normal breathing with the mask. Vomiting or other illness may also require removal of the mask, according to the agencies. Other medical conditions and equipment may interfere with the ability to wear a mask;
- When necessary to temporarily remove the mask to verify one’s identity such as during Transportation Security Administration screening or when asked to do so by a ticket or gate agent or any law enforcement official.
Moreover, people on board the following categories of vessels and vehicles are also exempt from the requirement to wear a mask:
- Private vessels operated only for personal, non-commercial use;
- Commercial motor vehicles or trucks, if the driver is the only person in the vehicle or truck, or the vehicle or truck is operated by a team who all live in the same household and are the only persons in the vehicle;
People on board the following categories of conveyances are exempt from the requirement to wear a mask:
- Private conveyances operated only for personal, non-commercial use;
- Commercial motor vehicles or trucks, if the driver is the only person in the vehicle or truck, or the vehicle or truck is operated by a team who all live in the same household and are the only persons in the vehicle;
- Vessels operated or chartered by the U.S. Department of Defense (DOD) as long as the operator of the conveyance follows all DOD requirements to prevent spread of COVID- 19 that are equivalent to the requirements in CDC’s Order.
Under Title 42 of the United States Code section 268, the Coast Guard is charged with assisting in enforcement of CDC quarantine orders. Operators of vessels and sea ports that fail to implement appropriate public health measures, including the mask-wearing order above, may be subject to civil or criminal penalties. Furthermore, based on the scientific determination of the CDC, the Coast Guard announced that it “finds that failure to implement appropriate health measures creates an undue safety risk by increasing the risk of transmission of COVID-19 between passengers, the crew of the vessel, and port workers.”
The union and its contracted companies fought against the essentially full-time shipboard mandate, because the SIU believes it isn’t always necessary for the crews while at sea. The union also questions whether it is being consistently enforced when non-crew members are on the vessels in port.
The SIU (and others) pointed out to the Coast Guard and the U.S. Transportation Command that most members in the deep-sea sector already quarantine prior to boarding a vessel, and also normally must show proof of a negative COVID-19 test before climbing the gangway. This system has helped minimize the number of positive cases aboard ship.
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