The U.S. Coast Guard (USCG) has released updated regulations addressing sexual assault and sexual harassment (SASH) prevention and response, as mandated by the National Defense Authorization Act (NDAA) for Fiscal Year 2023. These requirements, effective under Title 46 of the United States Code (U.S.C.), aim to ensure a safer and more respectful working environment for merchant mariners.

Key Requirements for USCG SASH Compliance

1. Audio and Video Surveillance (46 U.S.C. § 4901, USCG CVC Policy Letter 23-05):
   • Applicability: The requirements in 46 U.S.C. § 4901 applies to-
     • documented vessels with overnight accommodations for at least 10 individuals on board that are-
       1. (A) on a voyage of at least 600 miles and crosses seaward of the Boundary Line; or
       2. (B) at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51;
     • documented vessels of at least 500 gross tons as measured under 46 U.S.C. §14502, or an alternate tonnage measured under 46 U.S.C. §14302 as prescribed by the Secretary under 46 U.S.C. §14104 on an international voyage; and
     • vessels with overnight accommodations for at least 10 individuals on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)). Vessels with overnight accommodations for at least 10 people on voyages of 600+ miles or operating on the outer continental shelf for at least 72 hours.
   • Requirement: Video and audio surveillance systems must be placed in hallways where stateroom doors open, ensuring continuous visibility of every door. To meet this requirement, multiple cameras may be needed to avoid blind spots, and all areas must remain unobstructed. The equipment must be of high quality, with video capable of identifying individuals and their actions under any lighting conditions and audio clear enough to discern conversations, even in noisy environments. Noise-canceling microphones may be necessary to achieve this clarity. Ensuring both video and audio systems are reliable and effective is critical for incident prevention, compliance, and improving response measures.
   • Deadline: Installation of continuous video and audio surveillance is required by December 23, 2024, or during the next scheduled drydock after this date, whichever is later. The term “next scheduled drydock” is used without distinction of survey. Further information regarding the application deadline is given in CVC Policy Letter 23-05 Guidance on Surveillance Requirements for Certain Commercial Vessels That Do Not Carry Passengers as follows:

A vessel enrolled in UWILD and completing its “in the water” verification does not meet the term “drydocking”. USCG advises that owners ensure compliance with the requirements at the next scheduled drydocking (i.e., vessel out of the water) of the vessel if that scheduled drydocking is beyond two years from the date of enactment. Otherwise, compliance is mandated on December 23, 2024, which is two years from enactment.

CVC Policy Letter 23-05 provides further explanation by putting it another way, if a vessel has a scheduled drydock between December 23, 2022, and December 23, 2024, the vessel must comply by December 23, 2024. If no scheduled drydock occurred during this time, then the vessel must comply by the next drydock date after December 23, 2024.

1. • Training: Crewmembers must be trained in responding to SASH incidents​​​. The Coast Guard recommends maintaining comprehensive records of all training sessions. These records should detail the date, location, topics covered, and attendees. Proper documentation is essential to demonstrate compliance with the training requirements outlined in 46 U.S.C. § 4901. For vessels required to maintain a Safety Management System (SMS), or those that do so voluntarily, the SMS must include the company’s policies and procedures for conducting and documenting training.
   • Retention: Recordings must be stored for not less than one year or not less than five years if related to a reported SASH incident.
   • Exemptions: Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this requirement.
2. Posted Signage (46 U.S.C. §11101, USCG CVC Policy Letter 23-04):
   • Applicability: All U.S.-flagged merchant vessels (excluding yachts, pilot vessels, and vessels under 100 gross tons).
   • Crew berthing areas: Signs in each crew berthing areas must detail:
     • Company policies on sexual assault and sexual harassment, retaliation, and drug and alcohol usage.
     • Company reporting procedures, including USCG reporting contact information.
     • External resources such as counseling and hotlines.
     • Retention period for surveillance recording after an incident of sexual harassment or sexual assault is reported.
   • Washing spaces: In addition to the above, information regarding procedures and resources to report crimes that occur upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage must be displayed in each washing space.
3. Master Key Control System (46 U.S.C. §3106, USCG CVC Policy Letter 23-06):

• • Applicability: All U.S.-flagged vessels subject to inspection, excluding certain larger passenger vessels.
  • Requirements: Vessels must be equipped with a master key control system for physical, manual, or electronic keys or access systems, which provides controlled access to all copies of the vessel’s master key. A documented system must be implemented in line with the company SMS to manage and log master key access, ensuring secure storage and regular audits.

Actions for Vessel Owners and Operators

Vessel owners and operators must ensure their Safety Management Systems (SMS) are updated to include detailed procedures for complying with the new SASH regulations, as outlined in USCG CVC-WI-004(3). This includes incorporating specific policies on video and audio surveillance, training, and reporting requirements, as well as steps to address and respond to incidents. The SMS should provide clear guidance on evidence preservation, including the retention of audio and video recordings, and define the roles and responsibilities of personnel in implementing these measures. Additionally, vessel owners must conduct comprehensive training for all crewmembers on SASH prevention, reporting protocols, and evidence management. Training records, including dates, topics covered, and participant lists, should be maintained within the SMS to demonstrate compliance and support effective implementation of these critical safety measures.

Resources:

• 46 U.S.C. § 11101 Title 46, United States Code (U.S.C.) § 11101, Accommodations for seamen
• 46 U.S.C. § 4901 Title 46, United States Code (U.S.C.) § 4901 – Surveillance requirements
• 46 U.S.C. § 3106 Title 46, United States Code (U.S.C.) § 3106 – Master key control system
• CVC-WI-004(3) U.S. Flag Interpretations on the ISM Code
• USCG Policy Letter 23-04 Guidance on Statutory Information Requirements within Accommodation Spaces on Merchant Vessels
• USCG Policy Letter 23-05 Guidance on Surveillance Requirements for Certain Commercial Vessels that do not Carry Passengers
• USCG Policy Letter 23-06 Guidance on Master Key Control Requirements on Merchant Vessels
• MSIB 01-23 Reporting Sexual Misconduct on U.S. Vessels
• MSIB 13-23 Coast Guard Policies to Address Sexual Assault and Sexual Harassment Prevention and Response on Vessels

Supporting Compliance with SASH Requirements

We offer comprehensive support to vessel owners and operators in implementing, ensuring, and verifying the effectiveness of SASH requirements. Our services include reviewing SMS manuals to ensure they align with USCG regulations, drafting clear and actionable procedures, and conducting internal audits that assess compliance with regulatory mandates, including SASH prevention, response, and reporting. By integrating these measures into the SMS, we help create a robust framework for compliance, improve operational safety, and promote a secure working environment on board vessels.