EMPLOYMENT LAW BASICS FOR HAWAII EMPLOYERS: ILLINOIS RULING HIGHLIGHTS THE IMPORTANCE OF POLICIES AND TRAINING TO HAWAII EMPLOYERS
It is well established now under federal Title VII law that an employer is liable for actionable sexual harassment caused by a supervisor with “immediate (or successively higher) authority over the employee.” However, in cases where the employee does not suffer a “tangible employment action,” such as discharge, demotion, or an unfavorable reassignment, there is an affirmative defense that an employer may raise to avoid Title VII liability and damages.
Under such affirmative defense whether an employer has an anti-harassment policy is relevant evidence. Also important is effective supervisory training and training of employees on the harassment policy and complaint procedure.
Training and educational programs for all employees take on an even higher degree of importance under Hawaii state law, HRS Chapter 378. State law currently is interpreted by the Hawaii Civil Rights Commission (“HCRC”) as mandating strict liability for sexual harassment committed by supervisors.
While the Hawaii Supreme Court has not addressed the HCRC’s interpretation of HRS Chapter 378 a recent Illinois Supreme Court decision upheld a Illinois Human Rights Commission ruling addressing a regulation similar to the HCRC’s–that an employer was strictly liable for a supervisor’s harassing conduct under Illinois state law even though the supervisor did not even have direct supervisory authority over the Complainant.
The April 16, 2009 Illinois decision will certainly be persuasive authority to a Hawaii Supreme Court faced with interpreting the HCRC’s regulation. Accordingly, it is critical that Hawaii employers understand the importance of having an effective policy and company-wide training program on not only a defense to a sexual harassment claim, but prevention.
I. The Importance of Having an Effective Harassment Policy
A. The Faragher/Ellerth Defense
Having an effective sexual harassment policy and training program will greatly increase the chance of avoiding liability under the affirmative defense for sexual harassment claims recognized by the U.S. Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (“Faragher”) and Burlington Industries v. Ellerth, 523 U.S. 742 (1998) (“Ellerth”).
Where alleged harassment by a supervisor does not culminate in an adverse (“tangible”) employment decision, the employer may avoid liability by showing that: (1) the employer exercised reasonable care to prevent and promptly correct any harassing behavior; and (2) the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm. “A tangible employment action constitutes a significant change in employment status such as hiring, firing, failing to promote, reassignment with significantly different responsibilities or a decision causing a significant change in benefits.” Ellerth, supra.
The importance of the Faragher/Ellerth defense was significantly increased by the U.S. Supreme Court’s decision in Pennsylvania State Police v. Suders, 542 U.S. 129 (2004), which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.
A zero-tolerance harassment policy must fit the environment and employees. The Ellerth court stated:
While proof that an employer had promulgated an antiharassment policy with complaint procedure is not necessary in every instance as a matter of law, the need for a stated policy suitable to the employment circumstances may appropriately be addressed in any case when litigating the first element of the defense. The policy should be written in plain English, so that all employees regardless of their educational level or background can understand it … [a] policy should include a clear and precise definition of unlawful harassment so that employees know what type of conduct is prohibited by the policy and will be able to recognize that conduct should it occur.
Accordingly, if the alleged harasser has supervisory authority over the victim, the employer will be held automatically liable for any harassment committed by the supervisor unless the employer is able to successfully raise the affirmative defense.
B. Tips On Drafting a Zero-Tolerance Policy and Complaint Procedure.
(1) Write in simple English.
(2) Include a clear definition and examples of prohibited conduct and make it broad enough to prohibit all forms of harassment.
(3) State the company’s “zero-tolerance” philosophy in the policy regarding all forms of harassment,
(4) Designate at least two specially trained managers who will be responsible for investigating harassment complaints for the company.
(5) Determine the complaint procedure that will be used to investigate complaints of harassment by supervisory employees, co-workers and outsiders.
(6) Provide a “clear chain of communication,” allowing employees to step outside of the normal hierarchy in the event the supervisor is the harasser and consider having a toll-free number employees can call.
(7) State that employees who report prohibited conduct will be protected from retaliation.
(8) State that the employer will promptly investigate the matter in an objective and discrete manner.
(9) Provide the form of disciplinary action to which offenders can expect to be subjected.
(10) State that the employer will also take remedial action.
(11) Train your management employees and line employees on the policy and procedure.
(12) Have each employee sign an acknowledgment form that they have received a copy of the policy and procedure, and that they have received training on the harassment policy.
C. The Faragher/Ellerth Defense and Hawaii Law
Like Title VII, the Hawaii Employment Practices Act prohibits discriminating against individuals in virtually all aspects of employment. However, it remains an open question whether an employer, under Hawaii state law, can assert the Faragher/Ellerth affirmative defense.
Currently, under regulations promulgated by the HCRC, the state agency charged with the enforcing and interpreting Hawaii’s Employment Practices Act, strict liability would apply to a supervisor’s harassment of a subordinate regardless of whether tangible action is taken:
§12-46-109 Sexual harassment.
(a) Harassment on the basis of sex is a violation of chapter 378, HRS. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when:
(1) Submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or
(2) Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or
(3) That conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
(b) In determining whether alleged conduct constitutes sexual harassment, the commission will look at the reco
rd as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.
(c) An employer shall be responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden, and regardless of whether the employer or other covered entity knew or should have known of their occurrence. The commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acted in either a supervisory or agency capacity.
(d) With respect to conduct between employees, an employer shall be responsible for acts of sexual harassment in the workplace where the employer or its agents or supervisory employees knows or should have known of the conduct and fails to take immediate and appropriate corrective action. An employee who has been sexually harassed on the job by a co-worker should inform the employer, its agent, or supervisory employee of the harassment; however, an employee’s failure to give such notice may not be an affirmative defense.
D. Problem Areas for Employers
* Inadequate complaint procedure
* Failure to disseminate policy
* Employer on notice of harassment
* Failure to promptly investigate
* Failure to take appropriate disciplinary action
* Failure to apply it even-handedly
* Failure to review and revise when necessary
* Failure to provide training
E. Illinois Supreme Court Decision a Foreshadowing of Hawaii Law?
In Sangamon Cty Sheriff’s Dep’t v. The Illinois Human Rights Comm’n, Nos. 105517, 105518 cons. (Ill. Apr. 16, 2009), decided on April 16, 2009, the Illinois Supreme Court gave the HCRC direct support of the HCRC’s own interpretation of HRS Chapter 378.
The Sangamon decision holds Illinois employers strictly liable for sexual harassment by any of their management or supervisory personnel, and, as noted by the dissent, “imposes a standard of liability which appears to be without precedent in any jurisdiction of the United States.”
In that case employee Feleccia filed a sexual harassment claim against employer Sangamon County Sheriff’s Department and Ron Yanor, who was a supervisor, but was not Feleccia’s direct supervisor. The Illinois Human Rights Commission ruled that the Sheriff’s Department was strictly liable for Yanor’s conduct under the Act because Yanor was a supervisor. The Illinois appellate court reversed, and Feleccia and the Commission appealed to the Illinois Supreme Court.
The Illinois Supreme Court reversed and confirmed the Commission’s decision. In a 4-2 ruling, the Illinois Supreme Court agreed that the Sheriff’s Department could be held strictly liable in such circumstances. The basis of the decision was the plain and ordinary meaning of the statute, which states that “an employer shall be responsible for sexual harassment of the employer’s employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.”
According to the Court, the statute is unambiguous” and only excludes “nonemployees” and “nonmanagerial or nonsupervisory employees” from its strict liability standard. As such, the Court found “[t]here is no language in the Act that limits the employer’s liability based on the harasser’s relationship to the victim.” The Court rejected the employer’s argument that federal case law should apply to the case.
II. The Importance of Conducting EEO Training
Of course, in Hawaii the HCRC has merely interpreted HRS Chapter 378’s statutory language to impose strict liability for supervisory harassment. Unlike the Illinois statute interpreted by the Illinois Supreme Court it is reasonable to argue that Hawaii statutory law is ambiguous and not straightforward.
Nevertheless, the HCRC is charged with the interpretation and enforcement of HRS Chapter 378 and it does not bode well for Hawaii employers that another state’s high court is willing to impose what some would consider harsh penalties on the employer defendant. Accordingly, employers in Hawaii should redouble its efforts to train supervisors AND employees regularly on preventing discrimination and harassment in the workplace. Training should include the consequences of violating company policy.
Training employees reduces the likelihood that inappropriate conduct will be engaged in or tolerated at a level that can create a hostile environment. See Arquero v. Hilton Hawaiian Village, 104 Hawai’i 423, 91 P.3d 505 (2004) (coworker pinched buttocks of the plaintiff on two occasions); Nelson v. University of Hawai’i, 97 Hawai’i 376, 38 P.3d 95 (2001) (verbal harassment).
Second, in the event that inappropriate conduct takes place, employees who are offended will be substantially more likely to use the employer’s complaint procedure, thereby permitting the employer to remedy the situation and avoid having a lawsuit filed against it.
Lastly, training is a tool for prevention and reducing the potential of supervisory harassment.
A. Training as a Tool for Prevention
The EEOC’s Policy Guidance on Sexual Harassment states:
An employer should ensure that its supervisors and managers understand their responsibilities under the organization’s anti-harassment policy and complaint procedure. Periodic training of those individuals can help achieve that result. Such training should explain the types of conduct that violate the employer’s anti-harassment policy; the seriousness of the policy; the responsibilities of supervisors and managers when they learn of alleged harassment; and the prohibition against retaliation.
The HCRC regulations state that “prevention is the best tool for the elimination of sexual harassment. Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring.” §12-46-109(g).
As part of its settlements against employers, the EEOC and HCRC have chosen mandatory training as one of its primary responses through the use of consent decrees requiring organizations to conduct training and ensure policy compliance.
In 2004, the California Legislature passed Assembly Bill 1825, requiring all employers with fifty or more employees to conduct compulsory sexual harassment training for all of its supervisory employees by January of 2006, thus supporting the EEOC and HCRC’s position that training and education is the best tool for prevention. Under the California law, the training must re-occur every two years, and all new supervisors brought in after the original round of training must go through the program within six months of their arrival.
Managers who are aware of the implications of sexual harassment may be less likely to take official action they realize will create vicarious liability for the organization – this may preserve the employer’s right to the Faragher/Ellerth affirmative defense in a case of constructive discharge. Further, managers who are aware of how to proceed with complaints from employees about harassment are more likely to intervene with an appropriate employer response thus making a stronger showing under the first prong of the Faragher/Ellerth affirmative defense.
Finally, as noted throughout this article training can be an effective tool to combat inap
propriate behavior by supervisors and to reduce risks under state law—especially to the extent it is interpreted similar to the Illinois Supreme Court’s decision.
B. Training and the Faragher/Ellerth Defense
Conducting training will greatly increase the chance of avoiding liability under the Faragher/Ellerth affirmative defense. The importance of this defense was significantly increased by the Suders decision, which held that the defense is available in constructive discharge cases unless the plaintiff quits in a reasonable response to an employer-sanctioned adverse action of an official nature, such as a demotion or a cut in pay.
The training of rank and file employees should be documented and if it is to be conducted on a regular basis, can include a certification by the employee that he or she has not been subject to any policy violations since the last training.
C. Training and Damages Issues Under Hawaii Law
Generally, individuals cannot be found liable for violations under federal law. Under Hawaii law, however, courts may award unlimited punitive and compensatory damages.
Significantly, unlike under Title VII individuals can be held liable for violations of Hawaii’s Employment Practices Act. See HRS §378-1 (defining “employer” to include “any person”) and §378-2 (3) (making it unlawful for any “person” to “aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so.”); Schefke v. Reliable Collection Agency, 96 Hawai’i 408; 32 P.3d 52, 93-94 (2001) (holding individuals may be found liable under Hawai’i Employment Practices law).
Thus, training employees may alert them to the financial risks they take when they engage in behaviors prohibited by Hawaii law.
D. Training to Reduce Exposure to Punitive Damages
In Kolstad v. American Dental Association, the Court held that “in the punitive damages context, an employer may not be vicariously liable for the discriminatory employment decisions of managerial agents where these decisions are contrary to the employer’s ‘good-faith efforts to comply with Title VII.’” Accordingly, compliance efforts are both necessary and sufficient to avoid liability for punitive damages.
Roman Amaguin, Esq.; http://www.virtualhawaiiemploymentlawyer.com; http://www.amaguinlaw.com
Illinois DUI Law
DUI FACT SHEET
DUI DEFINED: The operation of a motor vehicle in the State of Illinois while 1) having a blood or breath alcohol concentration of .08 or greater; 2) under the influence of alcohol; 3) under the influence of any intoxicating compound, compounds, drug or drugs either in combination with alcohol or alone, rendering the driver incapable of driving safely; or 4) having any amount of a controlled substance, intoxicating compound, or cannabis in the driver’s system resulting from the illegal use of that substance, compound or cannabis.
PENALTIES: If charged as a Class A misdemeanor, the potential penalty is up to 364 days in jail and a fine of up to $2,500. If charged as a Class 4 felony, the potential penalty is up to 3 years in prison and a fine of up to $25,000.00. In certain instances it may be a Class 2 Felony carrying up to 7 years in prison.
LICENSE PENALTIES: There are two types of driver license penalties associated with a DUI. The first is the Statutory Summary Suspension. This happens on the 46th day after receiving notice, and is related to the taking of chemical tests shortly after being arrested for a DUI. This suspension can range from 3 months to 3 years. There are strict time periods related to court proceedings for a Summary Suspension.
If you receive such a suspension, you have only 90 days in which to contest it in court by filing a petition, asking a judge to lift the suspension. After filing the petition, the State must give you a hearing on your license status within 30 days or the suspension is lifted. This is a complex procedure, and it is best to have a lawyer quickly to best protect your driving privileges, or to assist you in obtaining a Judicial Driving Permit (JDP), which may allow you to drive during your suspension for work, school, or medical care.
The second type of license penalty is a revocation. This takes place with a conviction on the DUI, and takes away your driving privileges without a time limit. It is very difficult to have your license restored after a revocation. Individuals who are first time DUI offenders are eligible for supervision. This is not a conviction, and will not result in a revocation.
CRIMINAL MATTER: A DUI is a criminal charge, and the process after the arrest is the same as all other criminal charges.
DISCOVERY: The state must provide to you and your attorney the evidence that it has against you. This would include police reports, video tapes, hospital records, test results, status of testing equipment, and all other information in the state’s possession relating to the charges.
MOTIONS: This is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, and Motion to Suppress Statement, can result in a case being dismissed. Experienced lawyers monitor the case and the evidence to determine if there are important motions to be made that affect their client’s freedom.
PLEA AGREEMENT: This is when the State’s Attorney, Defense Attorney, and Defendant agree what penalty will be imposed if the Defendant pleads guilty. An experienced attorney knows what the usual penalties are for specific situations; in that way he can arrange for the best possible outcome for his client.
TRIAL: In the event that there is no agreement in return for a plea (or the case is not disposed of by way of a motion), then a trial is held, and the defendant maintains his plea of not guilty. At trial, the state presents evidence to either a judge or a jury. If the state does not prove the defendant guilty beyond a reasonable doubt, the defendant is found not guilty and the case is over. If guilt is proved beyond a reasonable doubt, then the judge who presided at the trial will impose a penalty within the boundaries of the law.
© 2007 Shestokas Raines & Malavia, P.C
http://shestokas.com/
Inland Waterway Hybrid Sustainable Transportation – A solution to Modern Day Transportation Problem
1.0 Introduction
In today’s transportation congestion and air pollution problem on shore infrastructure is causing more moderate concern and increasingly damaging growth in the size of the problem cal for need for formulation of policy for air- road to sea integration. By placing focus on waterborne transport, and integrating to road and air issue place a higher demand multimodal transport which in turn give leverage for need to put focus on a number of shortcomings related to the use of ships for community and freight transport in conjunction with other mode of transportation. To aid the implementation of policy for the use of inland water transportation, high number of community research and technical development actions, relevant to waterborne transport is require. Some of which could include concerted action on short sea shipping, designed to identify some of the structural or generic problems in the use of ships for relatively short-haul transport and other that target environmental impacts as well as issue of safe and efficient increase of reliability intermodal transportation. Furthermore, hybrid use of transportation will require the intelligent transportation system that incorporates use of advanced Integrated Ship Control Systems, AIS and extensive use of information technology needed to provide a solution to modern transportation problem.
Inland water transportation either in moving people and freight in a sustainable manner is increasingly becoming important, will be one of the biggest challenges for the 21st Century, an age where environmental pressure is calling for sensitive reactions, adoption of new proactive innovative behavior to relate factors associated with design, construction and operations and utilize them to deal with inherent needs response. Action associated with human life mitigation has always been part of concern of decision making, but to a less extent. In a world where warning of nature regarding need of awareness and sensitivity as well facts to how substantial nature is to the support of life and how much damage reckless human activities has cause imbalance in our planet. A situation that is vividly threatening our plant today and striping hope for our future generation survival in this planet, A situation that is equally calling for all of us to adopt new philosophy of doing things, and giving insight in inevitable return to nature earlier ways of doing things – from use of sun, water and clean energy store in earth crust to use of inland water transportation. Past engineer work on inland have been dominated with reactive, and today s world has reach a toll where by there is no chance to wait for accidents whose consequence is environmental degradation at its point form or instantaneous calamity. [1].
There is a surmountable barrier to achieving a sustainable multimodal inland water transportation where environmental impacts and risk will be mitigated and integrative components of water recourses will be utilized. However, incorporating holistic systems framework and system engineering tools back with analysis and identification leading to alternative path to short and long term solutions to the problem can facilitate achieving quality management of the evolving new philosophy of sustainability [2]. Such alternative solutions after discounting environmental concern could accommodate increasing inland waterway integration for shipping cargo containers including lock development, intermodal, information technology solution, provision of incentives to alleviate congestion during seasonal congestion hybrid of transportation mode based on best option selection [3]. Sustainable Inland water system contains physical elements that include waterways, ports, and intermodal network of railroads, roadways, and pipelines, that connect the waterborne portions of the system as required. The physical elements also include the vessels and vehicles that move goods and people within the system. The physical network is supported by a series of systems that facilitate the movement of goods and people, and provide access for recreation and to natural resources. Also associated with development of inland water transportation is dredging work to meet size of vessels, maintenance dredging and containment technologies for dredge material disposal or reuse of dredged material may be a feasible alternative that provides an economic benefit.
2.0 Inland Water Transportation System (IWTS)
Civilization has ground up along rivers, lakes, ocean, the great rivers of the world, like Amazon, Mississippi, Ganges Rhine Danube Niger, and Nile influences the lives of millions, not only their very existence but also their political, art, and science. People are inherently drawn to water, this make use of water resources an important part of human development. Properly managed river basin can augment food water supplies, improve transportation, provide energy and develop industry. Development of water resources also carry the good beneficial reward to reciprocal development of waterfront areas that provide multiuse activities; improve social interaction and a sense of community. Hybrid concept requires facilities to be strategically placed in close proximity to other modal transportation system. The design need to pay attention to historic, current and future development patterns.
Inland navigation offers important opportunities to move cargos on river, estuarine and associated tributary in an energy-efficient manner, reduced cost of good transportation per tone – kilometer compare to other mode of transportation in. It remain one of the best option available to mitigating problem associated with global warming, climate change, noise pollution as well as congestion. Capacity building, environmentally and socially friendly, taking advantage of nonstructural measures (such as fleet innovation) [3] as well as infrastructure investments, and multimodal corridor incorporation become increasingly a matter of dire need today [4].
Inland water transportation has substantially shaped the growth and development of nations in Europe and North America, however, previous work on transportation are much more based on proactive method, Recent study made by European Union indicated potential for augmentation of percentage of shipping in total transport volume in the Danube region, this lead to agreement for inland navigation improvement in an integrated manner by the ten Danube riparian states there is indication that climate change will have will bring potential development of on the further development of IWT and this make navigation management, planning and development of IWT to take the issue of climate change and ozone depletion into account.[5]
The important of transportation and utilizing full advantage of new and emerging transportation technologies remain engine of tomorrow’s growth and prosperities as well as supports for safety, security, conservation of energy and environmental quality. Since, Inland transportation cannot stand alone and its efficiency, strength can only be maximized through integrative intermodalism and diversity, this provide opportunity for cooperative climate for intermodal systems, cooperative climate requires the coordination of more than one mode of transportation. With each mode having its own system-specific advantages: motor carriers have the ability to provide door-to-door service; water carriers that can handle bulk commodities safely at very low cost; and rails that can transport a broad range of commodities over long distances. Retaining sustainability principle that public good is best served by the most efficient use of transport resources, regardless of mode, and imp
lementing the new philosophy of its sustainability equally requires `incorporation of use of water resources for other use as required by the environment [6].
Couple with this, recent issue of today especially from environmental domain called for need to adopt new sustainability philosophy, a healthy and responsive transportation system. And method that can yield vitality and growth, and the productivity of commerce, the nation needs [8]. Focusing on efficiency and complementation rather than competition between different transportation systems is a key economic growth, sustainability and productivity of a nation. Efficient freight transportation systems play a positive role both in the economic life of industrialized countries and the daily lives of their citizens. These countries realize the importance of the relationship between good systems, services and their economy. However, while these transportation systems are essential to a modern society, and there are substantial economic benefits to be realized from them, there are also significant negative environmental impacts, including preemption of land, disruption of topography, use of energy and other resources, and noise and air pollution [7].
In making choice of transportation modes, consideration should be given to the mode that does not contribute to unnecessary increases in fuel use, exhaust emissions, accidents, spill incidents, and congestion. It seems that not a day goes by without some new evidence of the increasing pollution of our environment and its consequences. There are indications everywhere those environmental rights (breathable air, drinkable water, fertile soil), which have been regarded as inexhaustible or renewable, are becoming scarce [8].
Today, with much more environmental awareness and a greater understanding of the consequences of pollution, both government and society are much less tolerant of pollution. On a global scale, pollution is a growing threat to both human health and the environment. Commercial freight transportation, with its almost total dependence on petroleum-based fuels, contributes significantly to pollution levels. Therefore, each form of transportation, as a major energy user, needs to be evaluated both as to the scarceness and future availability of the energy resources that it uses and to its impact on the environment. With each transport mode having its own specific energy-use and environmental characteristics, decisions on transport issues, whether short or long term, have inevitable impacts on the environment, which should be clearly weighed before a final decision is made[9].
Both the environment and the quality of life are receiving greater attention, resulting in a growing demand for not only an environmentally sound transportation system, but also for policies where environmental goals are given greater weight in transportation decisions. The result of this concern over the impact of transportation systems on the environment is reflected in how those systems are now being planned for the future. Transportation designers and environmentalists, both of whom recognize the interdependence between transportation systems and the environment, are increasingly concerned about maintaining an appropriate balance between the two. Likewise environmental laws are all over at the verge of established a legal framework aimed at keeping transportation decisions consistent with that goal [10].
3.0 Threat and Challenge of Green House Gas, and Impact on Trio of Global Warming, Ozone Depletion, Impact on Climate Change
Recent time has seen environmental calamity and abnormal environmental behavior which today the consensus of scientist have agreed to be linked to human activities. The world of man is madE up of the biosphere and the techno sphere, human inherited the earlier and it give all support needed for human to live, however, we neglect to know and even take care of it and we created the later whose buy product are claimed to be responsible for effect of ozone depletion that limit sunlight reaching our planet and consequentially warm up our planet and cause other chain reaction that leads to environmental revolt.
The impact on coastal resources can be classified into four broad categories. The first is tidal inundation, where about 1200 km2 in Peninsular Malaysia alone will be submerged subsequent to bund failure, and mangroves will be lost if sea level rises at a rate of 0.9 cm/year. The second is shoreline erosion, which will account for another few hundred metres of shoreline retreat. The third is increased wave action, which can affect the structural integrity of coastal facilities and installations such as power plants. The last is saline intrusion, which can pose a potential threat of water contamination at water abstraction points. Examples of other impacts include submergence of corals, coral bleaching due to increasing levels of CO2 in the water, and depletion of fisheries resources due to loss of mangrove habitats.
Water management follows three stages:
1-unregulated river water become supply – oriented , it remain so as long as water is abundant and the demand can be satisfied without modifying hydrological regime.
2-Scarcity of water-with increase pressure of demand for water and water related services, water management become resources oriented and the basis for multipurpose development.
3-Regulated natural regime-as Limit of acceptable stream flow regulation and development are reached, marginal cost of water supply radically increases, and here development management becomes important [1].
The first case apply to Terengganu, the first case apply, and significant, sustainable balancing of economic, environmental development, community involvement maximize benefits of the planning and implementation strategy that could result to dramatically improved public access, provision of new open spaces, improved quality of life, strengthened city and image and community pride.
5.0 Environmental Risk of IWTS
The environmental impacts of water transportation vary from river to river and project to project, but in many cases, the environment is not noticeably affected by waterway freight transport. Where it does have a negative impact, the effect is usually minimal. Because of the concern over the impacts that the different transportation modes have on the environment, there has been a more concerted effort to identify those impacts. Recent time have studies that are similar in nature analyzed the types and levels of impacts of a modal shift on the environment; viz. what happens if cargo movements are shifted from one mode to another. What would be the increases in fuel usage, Issues related exhaust emissions, probable accidents, traffic congestion, etc. All three studies compared the same cargoes shipped by different modes, and concluded that, ton for ton, produce vessels have fewer accidents, consume less energy, fewer harmful emissions, society in general and are less disruptive. These studies findings show that transporting of bulk commodities by water are environmentally compatible, provides a means to sustainable development, and that the use of this environmentally-friendly mode should be encouraged. [13].
Wide variety of human activities can affect the coastal and marine environment. Population pressure, increasing demands for space, competition over resources, and poor economic performances can all undermine the sustainable use of our oceans and coastal areas. The most serious problems affecting the quality and use of these ecosystems surrounding coastal water encompass release to:
1. Water – pollution release directly or washed downed through ground water
2. Air- air pollution, noise population, vi
bration
3. Soil- dredge disposal and contaminated sediments
4. Flood risk – biochemical reaction of pollution elements with water.
5. Collision – operational
6. Biodiversification – endangered and threatened species, habitat
Risk management should involve alternative risk reduction measures and the implementation of those that appear cost effective .where Zero discharge = zero risk, but the challenge is to bring the risk to be at acceptable level and at the same time, derive the max Benefit. Simulate extreme condition and model – using combination mathematical modeling and stochastic techniques while considering all factors in holistic manner.
Uncertainty is part of risk, but it’s and abstract nature and limitation of knowledge of unseen in real world settings make it s quantification a complex work. associated with uncertainty are normally reflect issue of influences on recovery process, Test of new advancements, Influence on policy, Address system changes over time, services & resources. The “sources” of a “lack of certainty” can be several. Moreover, the methods of measurement may be uncertain, or the models used inaccurate. Furthermore, uncertainty can arise from profound misunderstandings of the phenomena that are observed or are attempted to be assessed, perhaps because there is no adequate theoretical knowledge yet.
6.0 Environmental Benefits of IWTS
The commodities on which our lives and livelihood depend have to be transported by one mode or another however; the aadvantage of using Inland water transportation system over other mode of transportation has been described by various comparative studies. Advantage range from issues of concerned in of human modern world. As highlighted above there are inherent risks in shipping by barge, but yet statistics, water transport is the safest and most regulated form of transportation and has fewer accidental spills or collisions than any other mode. This excellent record is directly attributable to both exacting operational safeguards imposed by the carriers themselves as well as strict federally-mandated inspection standards. There is little public awareness of the water transport industry outside the river communities that it serves. This can be attributed primarily to the non-intrusive nature of the industry’s operations and its impressive safety record. One of the primary reasons for this lack of intrusiveness is the width of most of the rivers, their location in relation to population centers, as well as levees and floodwalls.
According to the United Nations, human benefit from marine and coastal ecosystem and activities: Coastal tourism =161 billion American dollars, Trade and shipping =155 billion American dollars, Offshore oil and gas = 132 billion American dollars, Fisheries = 80 billion American dollars. Therefore, it is important to be careful and maintain balance in dealing our activities. The popular media attention is concentrated on loss of life and property. There is little prospect for preventing many of the disasters from occurring although much could be done to reduce their severity. Many impacts could be mitigated through better vulnerability and risk assessment, predictive modeling, information dissemination, and policy development [13].
6.1 Energy efficiency - The use of energy by the different modes of freight transportation has become of increasing concern in setting transportation policy. Energy efficiency is the measure of performance of our system is it structure or mobile Energy efficiency is usually measured in one of two ways: by comparing how many miles each mode of transportation can carry a ton of freight per gallon of fuel, or by how many BTUs are expended per ton mile. In considering the choice of alternative transportation modes, it is imperative to consider energy that will be spent in shifting from one mode to another will result in greater energy consumption by the less fuel-efficient mode. For cargo carriage, vessels is required to move one ton of cargo none mile, with energy efficiency which is the inverse of energy intensiveness Propulsion energy including refinery losses. -Combines operating energy with maintenance energy, vehicle manufacturing energy, and construction energy..
Table 2.3- Energy modal comparison – Source: [38]
Table 3 – Modal energy comparison
Mode
Operating energy
LNE – haule Energy
Modal Energy
Rail
412.5
706.3
1075
Truck
1312.5
1312.5
2137.5
Barge
262.5
262.5
618.8
Numerous studies of fuel efficiency have been done shows that shallow-draft water transportation is the most fuel efficient mode of transportation for moving bulkraw materials, is the least energy intensive method of freight transportation when moving equivalent amounts of cargo, and consumes less energy than alternative modes. [14].
6.2 Safety – Since the consequence of not being safe is environmental catastrophic, modal comparison of transportation system has revealed that water transport has the fewest numbers of incidents, fatalities, and injuries compare to other surface mode. The inland water transportation environment, with its slow transit speeds, is relatively mild, and shock and vibration levels, which are dampened out by the cushioning effect of the waterway itself, are not normally considered a problem. Land based including road and rail cars are susceptible to accidents, often times resulting in a loss of cargo, especially rail transportation are more vulnerable because shipments typically involving a large number of massive units traveling at high speed in a single line. River barges with navigation aid infrastructure ensure right-of-way mostly with pleasure craft that operate primarily both in warmer weather and during daylight hours an intermodal comparison work recently conducted by waterway foundation
6.3 Congestion – Pressure relating to technological; change needs and population has led to high demand for road transportation vehicle that has led to un convenient congestion problems and cones, traffic growth in most city of the world is currently outstripped any increase in increase of green house gas release increase, currently hurting our planet. There is currently fringing in infrastructure capacity, where traffic demand exceeds supply leading to delays and safety problems.
6.4 Air, noise and vibration pollution – Rise in traffic volumes due to urban population, increase mobility has been identified by recent studies to be main contributors to Noise levels rise and contamination of air quality. Comparative studies has revealed that road transportation is the major offender Road transportation is the major offender more than other mode of transportation. Currently there is limited data exists on noise levels of barge operations, mainly because they are not considered problem. Figure 4 show environmental force driving next generation technology.
Table 4 – Emission comparison
Nox
PM
FC
COx
Sox
%
%
%
%
%
After treatment
SCR (Selected catalytic reduction)
-81
-35
-7.5
-7.5
-7.5
PMF (Particulate matter filter)
None
-85
2
r/>2
2
Drive management systems
ATM (Advising tempomaat)
-10
-10
-10
-10
-10
Diesel fuel quality / substitutes
(BD) Bio – Diesel
-10
-30
15
65
~-100
BDB (Biodiesel blend , 20%BD)
2
-6
3
-13
~-20
LSF (Low sulfur fuel)
None
-1.7
none
none
~-100
New engine technology
NGE(Natural Gas Engine)
-98.5
-97.5
4.5
-10
-100
6.5 Social impacts – Trucks and trains operate much closer to populated areas and release large amount of pollution and noise to the residence, barges quietly make their way along isolated waterways for most of their trip. By contrast, river barges have little impact on densely-populated areas. Barge transits are relatively infrequent because of the large tonnage moved at one time. River operations take place in channels away from the shore, and the engines of a towboat are usually below the water line, which muffles the sound. Surface traffic, both road and rail, near residential neighborhoods contributes to visual, physical, and psychological barriers that can lead to the fragmentation of those neighborhoods. Reduced social interaction, reduced access to other neighborhoods, and increased traffic congestion Traffic congestion can lead to serious disruptions of police, fire, and medical services, as well as periodic isolation of parts of communities
6.6 Cargo capacity – In terms of capacity a study done by COB came up with the following conclusion, which gives inland water a good advantage over other mode of transportation.
6.7 Economic of IWTS - The political and economic changes of nation is a big factor that maneuvered and created dynamic emerging economy in and generated needs and perspectives for more trade and transport along the river in Europe and the United States. Such economy analysis and environmental analysis which is being dealt with in this research cold bring assurance to drive the Transport policies that promote modal shift. The making of inland transportation requires economic analyses that identify trade growth consequential rapid rise in the amount of traffic. Commercial transport in Malaysia corridor has soared growing more than 100% in the last decade, with by far the largest increase registered in road transit. It is expected that Malaysia will continue this dynamic economic development in the coming years (with minimum average GDP/capita growth rates of 3-4% per year until 2015) and traffic flows could grow correspondingly [15].Compare to other mode of transportation, Inland water Transportation is in comparison to air and road transport, seen as more environmentally friendly and energy efficient, and can therefore contribute to sustainable socio-economic development of the region. Multimodal use of available transport possibilities (road, rail and IWT) has to be ensured.
6.8 Regulation requirement - Due to international implication of maritime industry, the required to be implemented are finalized by UN agencies following tacit proceedure, while the state decide on formulating local legislation towards implementation through marine administration and port state contol. Under above described legal framework for guide to drafting legislation, in the context of maritime transportation, 3 main purposes of legislation under legal framework are:
i. To provide legal framework for maritime transportation – effective legal framework is expected to cover all parties involved in maritime transportation
ii. For implementation of basic objectives of states- to prevent coalition, accident and consequence of pollution that may arise from them- legislation involved monitoring that focus on manning, safety, prevention of collision, salvage.
iii. To achievement of certain economic purpose- policy objective under economics from aim to expand national fleet, boosting of employment of national on board foreign ship.
7.0 Technical requirement / Classification of IWTS
River Classification System is n necessary to ensure the orderly and efficient control and maintenance of waterways an inventory of existing infrastructure and transport must be prepared as the base of a sound classification system. This inventory should include numerous quantitative aspects (e.g. minimum depths, width, and vertical clearance of waterways, marking and minimum equipment with navigational aids, and number of vessels), as well as qualitative aspects (e.g. the state of infrastructure and the fleet, transport performance). Data difficulties can be often quite substantial. Each waterway class: I, II, … has its standardized vessel (type, length, beam, draught and carrying capacities to loading draught and minimum height under bridges) or limited standardized integrated barge tow (formation and number of barges in tow, total length of barge tow plus pushboat, total beam of barge tow, draught of most loaded barge in tow and barge tow capacity in loaded state and minimum height under bridges) corresponding to the waterway conditions. Classification adopted by European Conference of Ministers of Transport (ECMT) is shown in the table below [16].
Table5- IWTS classification – Source: [47]
Classification
Type
Carrying capacity(tonnes)
ECMT classification (maximum vessel dimensions in metres)
Beam
Lenght
Air draft
Water draft
I
Small barge
300
5
38.5
3.55
2.2
II
Campeenar barge
600
6.6
50
4.2
2.5
III
Doctmund-Ems
1,200
8.2
67
3.95
2.5
IV
Rhine- Hern
1,350
9.5
80
4.4
2.5
V
Large Rhine
2000
11.5
95
6.7
2.7
7.1 IWTS Vessels Requirements
The Ship is about port and access to port by optimum size of ships and its associated economics implication can be made available through navigable channel where maintenance dredging is needed. Ship production and condition of channel are out of phase. Economic of large scale and demand has begot big ship to emerge within a short period of time after second world war- however less attention has been given to the channels that will continue to accommodate these ships. Large ships typically maneuver with difficulty in confined areas, and channel width is a critical component of deep-draft channels .The requirements for access and protection in harbors and ports often lead to maintenance of channels and engineered structures, such as jetties and breakwaters.
Ship characteristics – Thus as ships are getting bigger, there has been signify technological change link to safe maneuvering and controllability. In
reference To this design has focused on mitigating issues like large windage associated with container ships, which can complicate ship controllability in narrow channels as well as during slow speed maneuvering; also Limiting speed in channel remain a critical part of operational maintenance work Direct-technological ship with drive diesel ships with high installed power to achieve design service speeds can, in some cases, have a minimum bare steerage speed of about 8 knots —quite a high speed in confined waters, has remain a challenge for terminal operators [16].
Maneuverability of during ship designs focus more on optimum operation of ships in the Open Ocean, and pay les attention to operations in confined areas. Ship Control is important when ships slow to turn, docks, or attached to tugs. Factors contributing to loss of control include slow vessel speed, following currents, waves, and cross-wind. Sailboats traveling under sail require extra maneuvering space. A good navigation channel must accommodate the ships using it. Ships are controlled by propellers and rudders at the stern. Some ships are also equipped with bow thrusters or bow and stern thrusters, which aid in control, especially at low speeds. Often, one or more tugs are needed to assist ships in some phases of entering and leaving a port.
Vessel operations during navigation channel deepening are required to enhance safety, efficiency, and productivity of waterborne commerce in ports and harbors. Shallow-draft projects embody similar concerns and often public recreational access as well. The following as related to Vessel operability is important in channel maintenance work:
Navigation system- this include the following port harbor operations:
i. Waterway engineering: Navigation channels, environmental factors, dredging and mapping services, shore docking facilities.
ii. Marine traffic: Operational rules, aids to navigation, pilot and tug service, communications, and vessel traffic services.
iii. Vessel hydrodynamics: Vessel design, maneuverability and controllability, human factors, navigation equipment.
7.2 Inland waterway channels requirement – Waterway channel involve the sizing of vessels that will transit a waterway, Maintenance dredging Capacity - sediments output and estimates with clear objective to reduce channel delay accepts big ships; need to be done in environmental sustainable manner and optimal efficiency (economically). Quantification of channel require quantifying depth that pave wave for dredging requirement to be determined and this lead to optimal choice of dredger .generic analysis of navigation and environmental and sediment , with Iterative process and allowance discounting discussed under the case studies in taking account of impacts to channel during operations and during construction.
Navigation, coastal and geotechnical engineers have a very pronounced problem in regards to this – past design in human activities has been based on aftermath assessment of calamity where engineers have dealt with the high level of uncertainty by conservatively assigning or specifying much larger capacities than the projected demand. This ratio of capacity to predicted demand is the classical safety factor approach, which requires significant experience levels to be done right.Complementing, sustainable maintenance balancing wok is also Aids to Navigation / Navigation Information. Channel dimensioning requires channel depth and width characteristics:
i. Channel Depth Characteristics – Channel deepening is considered more important by channel designers, economists and mariners alike.
ii. Channel Width Characteristics – The main characteristics of a channel width may be grouped into the following general categories:
a. Channel Layout (i.e., plan view path characteristics such as straight and curved sections)
b. Channel Cross-Section (hydrodynamic characteristics such as depth, width, and side-slopes) many factors feed into the determination of the dimensions and specifications of channel characteristics
The quality of aids to navigation, type of channel cross section, and current strength impact the required width, experience with ship simulator studies has indicated that traditional channel width design criteria are overly conservative. Navigation is more difficult when channel cross section (overbank depths, channel depth and width) varies significantly. Bank effects and currents become less predictable and extra care is needed for vessel control. Traditional guidance for channel width is the same as for deep-draft channels.
7.3 Environmental sustainability and IWTS – Sustainability under UN definition emphasize on 4 tier balancing environment, economics, social and development issue that occupied man, the environment he inherited his survival, and reliability on continuity of the planet for the right of future generation. maritime industry need to adjust to the ways we do things in a world of sensitivity being characterized by sustainability, capacity building, efficiency, optimization of development, practice and operations that meets the needs of the present generation without compromising the ability of future generation to meet their need. Environmental sustainability – “environmental issues” under what surround us, As well as difficulties associated with changes to the bathymetry due to dredging or as a resulted in changes in water currents or other oceanographic effects or as result of sediment transport and need maintain n them ,sustain our living and existence and purpose associated with them. Require historical as well as recent and predictive datasets system and “Now casts” and predictions of these parameters with the use of numerical calculation models that can provides real-time information about water levels, currents, and other oceanographic and meteorological data from bays and harbors, are available.
7.4 Transportation Hybrid Process Requirement – Making Transportation Smarter – Hybridizing transportation system will involve:
Development of a conceptual standard for Ship Control Centre (SCC) Design-
Development of Advanced Information Processing that will enhance efficiency, and safety including human performance by integration of information and improvement of decision support methods.
Verification of Conceptual Standard for SCC and risk of solution accountability for Design vs, Efficiency and Safety in combination with increased user satisfaction. Safety assessment, the risk of a collision, supports interoperability and interconnectivity.
Conceptual Standard for ISC Systems including use of components for a future standard on ISC systems, including guidelines for the preparation of companion standards and conformance classes.
Harmonized Human-Machine Interface (HMI), towards contribution to the safety and efficiency improvements measured in the project.
Standardized Process Network including use of tools required for network performance prediction, reliability as expressed
8.0 Conclusion
Summing it up, building hybrid integrative transportation system that combines land road-water resources is indeed a challenge. To achieve success in such transportation artifact, providing the value and benefits require setting of high goal objectives that can be achieved within designated time, cost benefit should be clearly defined and performance problems and lifecycle issues should be well addressed, risk mitigated. Information transparency and information sharing through dissemination forum should be planned. The fact that enviro
nmental issue is of global warming, climate change and ozone depleting is driving today technology touché inland water transportation system were discussed. Need to adopt new transportation strategy warranted and incorporating old transportation system with sustainable Inland Water Transportation that mitigate environmental, technical , economic, social, safety , ecological requirement under integrative integrated transportation system will provide reliable Inland Water Transportation System aggressively growing state should adopt smart multimodal planning for sustainable transportation.
9.0 References
1. Rackwitz, R. “How Safe is Safe enough? An Approach by Optimization and Life Quality Index”. Proceeding of ASTRANET Conference , 2002
2. B.M.Abbas. River basin development. Tycooly,Dublin,1983
3. “Technology development for Environmentally Sound Ships of the 21st Century”. An International Perspective. Journal of Marine Science and Technology, Vol. 1, No.3, 196.
4. Pittock, B., D. Wratt et al., Australia and New Zealand. In “Climate Change 2001: Impacts, Adaptations, and Vulnerability”. Contribution of Working Group II to the Thirds Assessment Report of the International Panel on Climate Change. 2001: Chapter 12.
5. Laurel Gascho, Henrike Peichert, and Sarah Renner “Malaysia /Referral & Comparative experiences / Inland Waterway Transportation System” Environment and Poverty Networks, February, 2006
7. Osterreichische Wasserstrassen. “Inland Environmental Performance “ RINA, Pg 49, 2007
8. Illinois State Water Survey, Department of Energy and Natural Resources, “Impacts of Commercial Navigation on Water Quality in the Illinois River Channel”, Champaign, IL, 1992.
9. Eastman, S.E. “Fuel Efficiency in Freight Transportation”, The American Waterway Operators, Inc., Arlington, VA, June, 1980, p.7.
10. National Waterways Foundation. “U.S. Waterways Productivity”. A Private and Public Partnership, Huntsville, AL, 1983, PP* 165-167.
13. Butts, Thomas A. and Dana B. Shackleford.” Impacts of Commercial Navigation on Water Quality in the Illinois River Channel”. ISWS RR-122. 1992
14. U.S. Army Corps of Engineers, Institute for Water Resources, Water Resources Support Center, National Waterways Study, “Analysis of Environmental Aspects of Waterway Navigation”, Review Draft, Fort Beloit, VA, April 1980, p227.
15. Broils, J.U., “New European norms for size of waterway urgently needed. Hinterland ports” ,Rotterdam Europort Delata,1967