Commitment to the code
Tobermory Harbour Association was granted by Scottish Ministers a Harbour Empowerment Order (HEO) over Tobermory Bay on the 10th June 2017. The Association then became the Tobermory Harbour Authority (THA) and the area, Tobermory Bay, became known as Tobermory Harbour. THA is obliged to comply with national legislation, in particular; that concerning health and safety, the Department for Transport’s ‘Port Marine Safety Code’ and the associated ‘Guide to Good Practice’ of Port Marine Operations.
The THA is committed to the Port Marine Safety Code. This Code requires that the THA operates a comprehensive Safety Management System. All activities which take place in or on the waters of Tobermory Bay have been subject to a risk assessment. All risks must be reduced to ‘as low as reasonably practicable’ (ALARP), achieved by implementing agreed control measures.
- Brian Swinbanks (Chair) on behalf of the duty holders; 2021.
The first official safety plan will be published soon (Including safety performance results and objectives)
In the mean time please see attached Exec Summary of our Safety Management System.
Duties and Powers
The Tobermory Harbour Association (THA) was granted Authority status on 12th June 2017 with the implementation of a Harbour Empowerment Order (HEO) by the Scottish Ministers. The THA is a community company limited by guarantee and will continue as such.
As a Statutory Harbour Authority, the THA has a duty of care to those using the harbour and an obligation to conserve and facilitate the safe use of the moorings and pontoons installed by the THA and a wider responsibility to ensure safe navigation within the Harbour Limits.
In recognition of these duties, the THA has established a Safety Management System that is consistent with the Health & Safety at Work Act 1974 and applies the principles set out in the Port Marine Safety Code.
The THA is managed by a Board appointed by the membership according to its constitution and comprising Board Members with a range of appropriate skills and experience. The Board Members are individually and collectively accountable as the Duty Holder for compliance under the Port Marine Safety Code. In this regard the Board has appointed a Designated Person to provide independent assurance about the operation of the Business Management System.
Tobermory Harbour has reviewed the HEO powers and has found no need to seek additional powers at this time. There are no General or Special Directions currently in force, however special directions could be issued if deemed necessary by the Harbour Master.
As required by the Port Marine Safety Code, Tobermory Harbour Authority publishes its Policies, Plans and Periodic reports, setting out how they comply with those standards.
Tobermory Harbour Association, as a Statutory Harbour Authority, is committed to providing and operating the Port as a safe Harbour for all its users and staff.
THA conducts regular reviews of all its activities and safety provisions to ensure that they remain the most appropriate and continue to be carried out to the highest possible standards of good governance and management.
THA and its officers are aware of their environmental commitments and strive to ensure that areas within the Harbour Limits are protected.
Signed on behalf of THA board of directors:
Signature Date: 24th March 2018
Brian Swinbanks, THA Chair
Safety Audit and Performance Reviews
The Port Marine Safety Code requires every Port and Harbour to carry out a full-scale review and audit of its entire Safety Management System at intervals no greater than three years. At five yearly intervals a complete re-examination of the port’s operations and systems should be undertaken. The internal reporting chain within the Tobermory Harbour Association is short and effective:
- The Harbour Master provided monthly reports to the Board (Duty Holder).
- The Harbour Master keep plans, policies and procedures under continuous review to ensure that they continue to provide best practice to nationally agreed standards.
- At six-monthly intervals the process of continuous assessment is to be monitored.
- Whenever change appears necessary, under the continuous assessment process, stakeholders are to be consulted before any change is implemented.
- An external audit is conducted Annually by the Designated Person.
- Policies and Procedures are reviewed annually.
- A Marine Safety Management plan issued every 3 years.