Caso 5: Mejora continua en Textil Betex S.A.C

The casualty in vestig atio n report is th a t of the in v e s ti­ gating o f f ic e r , and he is t o t a l l y responsible fo r i t . He must however -follow a standard form at. He may consult his superiors or other in vestig ato rs but a superior o ffic e r

w ill not intervene except possibly to in quire th a t the report be more complete or more accurate in s p e c ific areas. Once fin a lis e d , i t is not changed but reviewed by the O ffic e r in Charge, Marine Inspection, who separately adds his own comments and his agreement or disagreement as to c e rta in findings or recommendations. Therefore up to three additional analyses and conclusions are attached to the o rig in a l in ve s tig atin g o f f ic e r 's re p o rt. Somewhat the same procedure is followed in respect of reports of Marine Boards o f In v e s tig a tio n .

Reports id e n tify tha ship , the owner and the o ffic e rs or crew involved and occasionally mention the names of

important witnesses. They usually mention the notion o f cause by re fe rrin g to the "proximate cause" and to "contributing causes". They are public but not in te re s ­ ted p a rtie s . However, those published as those of the Marine Board o f In v e s tig a tio n .

8. Public Hearings and Procedures:

In addition to the dozen or so "one man boards o f in q u i­ ry" held each y e a r, four or fiv e f u l l Marine Boards of In vestig atio n are ordered each year to hold public hearings in the case o f casu alties where a considerable loss of l i f e has occurred, where there has been loss of an inspected vessel or where the casualty is one o f high public v i s i b i l i t y and s e n s itiv ity . The hearing may be suggested by an OCMI or D is t r ic t Commander but the decision is taken by the Commandant a fte r headquarters ev alu a tio n .

Those appointed to Marine Board of In vestig atio n are a ll Coast Guard o f f ic e r s , normally three are appointed but occasianally four or two can be appointed. A senior o ff ic e r is designated as Chairman and he does not

n6C6SSdri1y n66d 9 legsl bdckground. A ju n io r o ffic o r is appointed as a Board Member and acts as Recorder. The members are chosen fo r t h e ir expertise as related to the s p e c ific casualty under in v e s tig a tio n . The role of the recorder is to determine who shall be heard as witnesses, he generally asks the basic questions him self and then the other Board Members ask additio n al questions. A fter t h a t , there is cross-examination by p a rtie s in in te re s t who, o f course, can also bring evidence o f t h e ir own.

Marine Boards o f In vestig atio n are usually convened very soon a fte r the casu alty, usually the same week. In the case o f the "Ocean Ranger", the Board was formed two days a fte r the accident.

The Rules sta te th a t since these hearings are adm inistra­ tiv e in ch aracter, " s t r ic t adherene to the formal rules of evidence is not im perative. However, in the in te re s t of o rd erly presentation of the facts of a case, the rules of evidence should be observed as clo sely as possible". The evidence taken by "in v e s tig a tin g o ffic e rs can be f il e d before the Board, as can the recording tapes and in terv ie w s , but generally the witnesses are re-examined f u l l y and completely by the Board. They themselves can be called as witnesses, but only on factu al evidence, since the rules o f evidence are followed as closely as possible.

Testimony be deposition or in te rro g a to rie s is provided fo r and is allowed by the Board "fo r good cause shown".

A ll sessions of the Marine Board are open to the public unless evidence o f a c la s s ifie d nature or evidence a ffe c tin g national secu rity is to be received.

is not uncommon fo r them to la s t two weeks, although four weeks would be unusual. I t is f e l t th a t they are expen­ sive fo r the government but there have been no major c ritic is m s from the p a rtie s in in te re s t since the casual­ tie s in vestigated usually involve m u lti-m il 1 ion d o lla r li t ig a t io n and the hearings are exten sively used by p arties to resolve or advance t h e ir c i v i l l i a b i l i t y cases.