DECEMBER 2018 • FOGHORN 31 REGULATORYREPORT Trusted to deliver excellence rolls-royce.com Kamewa Waterjets from Rolls-Royce Manoeuvrability and Efficiency Unchallenged information that there was no regulato- ry burden on the mariner or employer to report any real or suspected “unfitness.” The committee and board reached out to members to see if and how they addressed the issue of mariner health in their individual operations. Many owners provided material on how they addressed the issue at the time of employment. Many made formal reporting of illness or disability a condition of employment. Potential employees signed an acknowledge- ment that they would report illness or disability. At all of this year’s region meetings, one session was a PVA presenta- tion and discussion of mariner health during employment. PVA was pleased to see that our concern has been addressed, in part, in this manual with a section on can- cellation of a medical certificate. The cancellation procedure provides a due process of notice, reply, evaluation, and can be restored after cancellation. Cancellation of a medical certificate leaves a mariner’s credential in the possession of the mariner. Although the credential is not valid for service without the medical certificate, it can be activated if the medical certificate is restored. Prior to this proposed policy fitness was included in the issuance of a mariner credential and if fitness came into question the remedy was required a Suspension and Revocation hearing against the credential. Restoration of the mariner’s fitness for service under those conditions was a more compli- cated issue. The manual section on “Medically Disqualified Mariners” addressing mariner medical certificate cancellation begins with the words, “If the National Maritime Center (NMC) receives credible information that leads to the conclusion that the Mariner is unfit…” What is not addressed in the manual is who and how this credible information comes about. Is the mariner required to report his or her change in medical condition if not operating under a waiver? Is the employer required to report this information much the same as a failed drug test? Is another party responsible? Addressing those issues likely involves new regulatory mandates or changes in regulation. Public comment to the docket and the Coast Guard’s response to those comments will determine the ultimate substance of this manual. To that end, PVA sees opportunity and a need to be part of the discussion of the subject matter and utility of the final version of the manual. To identify those areas that PVA and its members find problematic or worthy of change, the PVA Safety and Security and PVA Regulatory Committees have assembled a work group of committee member volun- teers under the direction of PVA Past President Dave Anderson, Fire Island Ferries, and Steve Jones, Gateway Clipper Cruises, PVA Regulatory Committee Chair to review and develop the Association’s comments to the docket. The group will share their work product with the membership at-large for their use and comments to the docket. n