https://media.defense.gov/2017/Oct/01/2001820187/-1/-1/0/FINAL PDF ROI 24 SEP 17.PDF
The Board holds the Captain primarily responsible and says they would have issued criminal charges had he survived. They said he misread the storm and overestimated his ship's ability and failed to monitor and prepare for heavy weather.
They recommend civil, but not criminal, penalties against TOTE including charges over not replacing a safety officer and crew rest periods and working hours.
They've also proposed 31 safety regulations and 4 administrative.
While I can't argue with their findings on the Captain, I find the failure to hold TOTE or anyone in their organization criminally responsible extremely disappointing. They could have prevented this. I consider the absence of preventing it a crime not that much short of the one of captaining into it. He either the company or the captain made better judgments, this wouldn't have happened and the fact there is a culture and environment leading to Captains feeling the pressure that leads to such decisions is their fault as well. I do believe in holding Corporations more responsible.
The Board holds the Captain primarily responsible and says they would have issued criminal charges had he survived. They said he misread the storm and overestimated his ship's ability and failed to monitor and prepare for heavy weather.
They recommend civil, but not criminal, penalties against TOTE including charges over not replacing a safety officer and crew rest periods and working hours.
They've also proposed 31 safety regulations and 4 administrative.
While I can't argue with their findings on the Captain, I find the failure to hold TOTE or anyone in their organization criminally responsible extremely disappointing. They could have prevented this. I consider the absence of preventing it a crime not that much short of the one of captaining into it. He either the company or the captain made better judgments, this wouldn't have happened and the fact there is a culture and environment leading to Captains feeling the pressure that leads to such decisions is their fault as well. I do believe in holding Corporations more responsible.