Legal Joint
Sometimes it is difficult to step back from your own situation and be objective. The scenery we see every day becomes the norm and we get used to it, complacent even. Describe to the layman what we do for a living as yacht crew; the sights, the people and they will be amazed and astounded by what we take for granted. But, describe to an outsider the prevalence of drug use that we tolerate amongst our number and it becomes clear there is, by normal standards, a ‘drug problem’ in the Yachting Industry.
As an industry, we are more likely to take action against smokers than tokers. More yachts enforce a zero tolerance policy towards tattoos than drugs and we are more concerned with stopping people wearing shoes on deck than stashing drugs below decks. Why is it that we tolerate something that is not only antisocial and dangerous, but is also completely illegal? Well, the fact is that the yachting environment encourages drugs. It is one industry where there is practically nothing to stop anyone taking, or storing drugs. Drug tests are rare aboard yachts. The laws regarding drug use are never enforced by the authorities. To drug users this is encouraging. The authorities that govern yachting are not part of the solution, they are in fact, part of the problem of inaction against drug users in the industry.
Illegal Joint
In addition to the institutionalized acceptance of drugs, the ease with which they are available to yacht crew is another part of the issue. The police in St Maarten are, I am sure, trained to the very highest standards and yet they are apparently not smart enough to realise that drugs are being supplied by taxi drivers who pick up ‘yachties’ and deliver them to and from their party venue of choice. It took me about ten minutes to figure this out during my first ever trip to St Maarten and yet the police have not managed to work it out, or so it seems. Ever been to a pantomime where you have to shout “…it’s behind you!” while the buffoon at centre stage turns around deliberately slowly in order to miss whatever is actually behind them? Well, it seems a bit like that. Call me old fashioned, but this should be pretty basic police work, elementary as Sherlock Holmes might say. This information is considered common knowledge to yacht crew. Are we to believe the police unable or unwilling to act?
Unfortunately, St Maarten is not the only place where drugs are easily available. Stories abound of many ports of call, where drugs are all too common: Nassau, Palma, Antibes and Panama to name, but a few. Crew reported that drugs were easily accessible in all of these places. Yacht crew are, unfortunately, quite typical of the drug user profile; they are often young, have disposable income, they work incredibly hard and live in a stressful environment. Couple that with being in a location where drugs are readily available and not at all discouraged, and, as a nun’s seamstress might say, “you have the makings of a habit.”
A habit in the making
Drugs have a number of downsides for their users. Official statistics show that drug users are far more likely to need time off, suffer from ailments, have reduced output and burn out prematurely. Yachting as an industry is in the process of addressing the issue of ‘burn out’ and ‘shortage of crew’ discussions abound. Solutions proffered include increasing cabin space, developing better terms for crew members and a host of other proactive initiatives. And yet, proactively eradicating drug use, which can be a contributor to the problems we seek to remedy, is not on anyone’s agenda. This is a great shame as, not only is it best for crew, but it is hugely cost effective and totally in the owner’s interest. Isn’t that what the industry is about, the owner’s interest?
Let’s not forget that drugs have a number of downsides for those around the users. Where do drug users keep their ‘stash’? Well, if they live aboard a yacht it is a fair bet that they must keep it in their cabin. We all know the penalty for having drugs aboard a yacht. It could result in the arrest and ultimate forfeiture of the vessel. It could quite likely cause the captain to spend time behind bars. In Nassau for example, that would be “Foxhill Prison” which receives accommodation and dining reviews from Amnesty International not Zagat.
Quality Tucker
Amnasty
Unfortunately, there is a great lack of responsibility taken by anyone in the Yachting Industry to make drugs unacceptable. It is left to an individual’s own personal moral position on the matter. From the crew who must decide whether they are going to succumb to the peer pressure and try drugs, to the captains who have to decide if the risk exists on their boat. Managers and owners also have to make up their own minds as to whether to act in the interests of making drugs unacceptable in the industry. Those that do decide to take action or subscribe to a policy which seeks to outlaw drug use amongst their charges, are sadly the vast minority.
At present, too many blind eyes are turned toward the issue of drugs in yachting. It is impossible to quantify the extent of the problem, so it is played down by the powers that be. Not only does this attitude allow those that use drugs to inhabit the industry, it forces those that do not use drugs to share an industry with drug takers. You see there is no fence to sit on here; if you are not actively against drug use, you are for it, the lack of action is the same. Often there is talk of offending the sensibilities of those that use drugs in their own time. Who cares about their sensibilities and why?
It was actually proposed recently by, shall we say a senior industry official, that if a yacht found a member of crew was under the influence of drugs, the action taken would depend upon how easy it would be to replace that crew member. Are they mad? What has the industry come to if we have to tolerate criminals because that’s all we have got to choose from. Of course this is completely naïve, if you use drugs and you are caught you should be in prison. I for one don’t want you on a yacht I work on, or in the same marina, or island or country for that matter. In fact I do not want you in this industry. Go home, get some sandals, join a commune and lie around extolling the virtues of Hendrix’s influence on modern rock. Or if you are bit more modern get a couple of glow sticks, a whistle and dance around a strobe light listening to repetitive music and drinking bottled water. Really cool eh? Well you might think so now, but guess what? You are certain to use the word ‘phase’ in just about every conversation you have describing these wild years and you are not going to be proud.
Other industries have always led the way when it comes to policy for the Yachting Industry. The last ten years of safety legislation came from the commercial sector and the same with security and pollution prevention. Interestingly, drug use is outlawed through regular and constant drug testing in the commercial marine sector. Random testing exists aboard most commercial ships and so too does pre-screening. Most industries in the transport sector subscribe to the theory that the risk of an individual involved in the safety of passengers being under the influence of drugs or alcohol is simply unacceptable. In order to avoid this risk they simply put into effect a proactive policy, which makes the employment environment a place that a drug user would not want to be. You get the same result if you throw a cat in a swimming pool. A lot of noise at first, but then when the cat gets out, it is unlikely to venture near your pool again. The fact remains that the laws and rules the other transport industries use to guide their proactive anti drugs policy are the same as those that exist for yachting. Any British flag vessel is subject to the very same ‘Misuse of Drugs Act 1971’. The IMO, International Chamber of Shipping and the International Shipping Federation recommends that vessels operating ISM should have an active policy on drugs as part of their safety management process. This view derives from concerns addressed by a resolution by the Joint Maritime Commission of the ILO way back in 1991. ‘Yachting’ seems to accept the risk that a captain or watchkeeper or other crew member with a role in the safety of a yacht may succumb to the influence of drugs or alcohol. It may have happened already: The fact is that there is no record of any testing for alcohol or drugs at the scene of any of the yachting accidents that have occurred over the last few years. You can bet that if a cruise ship hits the dock a little hard, the captain is liable to the scrutiny of drug or alcohol testing. In yachting, an accident such as the Motor Yacht “Lands End” bumping in to a clearly marked rock in broad daylight and good conditions, did not reportedly lead to any sobriety test. Why not? Is yachting above the law or is there a fear that we would all be guilty.
Sadly, people do not often stop breaking rules because they realize the error of their ways and understand that they could potentially cause an accident or adversely affect the lives of others. No, the reason people stop breaking laws is usually the penalty or the risk of being caught. If an offender thinks he or she will be caught, they would be far less likely to perpetrate a crime. An industry wide commitment to random drug testing to include the captain would likely make drug users stop using drugs or leave the industry. In fact, a stated industry wide policy of random drug testing would benefit everyone. Owners would get peace of mind, insurance companies would lessen risk and drug free crew would not have to share their lives with the sort of losers who find drugs stimulating. Some of the taxi drivers in St Maarten would of course suffer. Perhaps we could offer them daywork in exchange for not pushing drugs on impressionable yacht crew!
It is about time the Yachting Industry did something about drugs to send the message that the majority of us do not want them in the industry. We are not generally interested in catching and bringing to justice those that take drugs, we just want them to go somewhere else. They must understand that they are not wanted in this industry. Rules exist and every other form of transport related industry, including commercial shipping, respect these rules. Their attitude is proactive and is supported by the establishment. The anti drugs message must then, be sent to the legislators in the yachting industry: the flag state authorities, Port state authorities the MCA, the IMO et al. They should be lobbied to encourage enforcement. They see no problem surveying a yacht to check if the safety hardware is up to date and in place, but could care less if the crew is fit to sail as long as they have got their certificates. What sort of rules are they if they can be safely disregarded without fear of reprisal.
Drug use is something that can be controlled and penalized: it takes only the consolidated will of the industry. If you are not against it you are for it, if you are not part of the solution you are part of the problem. Do we really have to wait for a tragedy, an overdose perhaps, a sinking? What would it take to make the industry take notice? In most instances it is the obligation of the captain or owner to ensure that a yacht is drug free, but if no-one is ever going to check, there is no incentive to do so. There are companies that offer a ‘turn key’ random test system that allows the owner and captain absolute peace of mind, so it is not a question of the facility not being available. In writing this, a large number of captains were contacted and asked whether they would support a raised level of commitment within yachting to get rid of the drugs problem. Every single one agreed without hesitation. Let’s deal with the issue: what have we got to lose? Just the losers.
Lose the Losers