Sec. 11610. SAFETY MANAGEMENT SYSTEM

677 words·~3 min read·/statute-compilations/comps-17475/sec-11610

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 11610 SAFETY MANAGEMENT SYSTEM ###

(a)Safety Management System Section 3203 of title 46, United States Code, is amended— ####

(1)in subsection (a)— #####

(A)by redesignating paragraphs

(5)and

(6)as paragraphs

(7)and (8); and #####

(B)by inserting after paragraph

(4)the following: > > #### “(5) > > with respect to sexual harassment and sexual assault, procedures for, and annual training requirements for all responsible persons and vessels to which this chapter applies on— > > > ##### “(A) > > prevention; > > > ##### “(B) > > bystander intervention; > > > ##### “(C) > > reporting; > > > ##### “(D) > > response; and > > > ##### “(E) > > investigation; > > > #### “(6) > > the list required under section 3106(a)(2) and the log book required under section 3106(a)(3);” > ; ####

(2)by redesignating subsections

(b)and

(c)as subsections

(d)and (e), respectively; and ####

(3)by inserting after subsection

(a)the following: > > ### “(b) Procedures and Training Requirements > > In prescribing regulations for the procedures and training requirements described in subsection (a)(5), such procedures and requirements shall be consistent with the requirements to report sexual harassment or sexual assault under section 10104. > > > ### “(c) Audits > > > #### “(1) Certificates > > > ##### “(A) Suspension > > During an audit of a safety management system of a vessel required under section 10104(e), the Secretary may suspend the Safety Management Certificate issued for the vessel under section 3205 and issue a separate Safety Management Certificate for the vessel to be in effect for a 3-month period beginning on the date of the issuance of such separate certificate. > > > ##### “(B) Revocation > > At the conclusion of an audit of a safety management system required under section 10104(e), the Secretary shall revoke the Safety Management Certificate issued for the vessel under section 3205 if the Secretary determines— > > > ###### “(i) > > that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with section 10104; or > > > ###### “(ii) > > other failure of the safety management system resulted in the failure to comply with such section. > > > #### “(2) Documents of compliance > > > ##### “(A) In general > > Following an audit of the safety management system of a vessel required under section 10104(e), the Secretary may audit the safety management system of the responsible person for the vessel. > > > ##### “(B) Suspension > > During an audit under subparagraph (A), the Secretary may suspend the Document of Compliance issued to the responsible person under section 3205 and issue a separate Document of Compliance to such person to be in effect for a 3-month period beginning on the date of the issuance of such separate document. > > > ##### “(C) Revocation > > At the conclusion of an assessment or an audit of a safety management system under subparagraph (A), the Secretary shall revoke the Document of Compliance issued to the responsible person if the Secretary determines— > > > ###### “(i) > > that the holder of the Document of Compliance knowingly, or repeatedly, failed to comply with section 10104; or > > > ###### “(ii) > > that other failure of the safety management system resulted in the failure to comply with such section.” > . ###

(b)Verification of Compliance Section 3205(c)(1) of title 46, United States Code, is amended by inserting “, or upon discovery from other sources of information acquired by the Coast Guard, including a discovery made during an audit or systematic review conducted under section 10104(e) of a failure of a responsible person or vessel to comply with a requirement of a safety management system for which a Safety Management Certificate and a Document of compliance has been issued under this section, including a failure to comply with regulations prescribed under section 3203(a)(7) and (8),” after “periodically”.