I wrote this to the BOD President and VP. I will also add the President's reply. I think it is a useful exchange:
(To the BOD President)
Message Body:
I don't know who is the decision maker in terms of reviewing and
implementing the recommendations contained in this report, but I strongly
urge you to rethink B "...ALL crew members bear responsibility for
acknowledging and enforcing requirements associated with good seamanship,
and that skippers expressly instruct their crews in this regard..." I think
this may be very dangerous from a liability standpoint to shift from an
individual responsibility to the entire crew. It appears to be a disservice
to both the yacht owner and crew. It seems you will create a liability for
each crew member which will enlarge the litigation pool vastly. Be very
careful in this regard.
(The response from the BOD President)
Thank you for being engaged to make our sport better. Your concern is
reasonable and I've forwarded your note to our SVP of Programs and Services,
Andrew Clouston, an experienced offshore sailor, himself and a member of the
authoring team of the report.
I have a few blue water miles under my keel but I'm hardly an expert. Nor
am I an attorney so I'll leave granular conversation on the intent of the
passage and the attendant liability risks to you and him and the legal
counsel who reviewed the report.
I'll just point out that having everyone, collectively and individually,
responsible to support safety rules that the skipper has put in place has
great value and must be considered, especially in the wake of what we
learned here, if we can find words that convey it better. There may be a
better way to describe that responsibility without intimating that it has
somehow shifted from the skipper to the crew. US Sailing and the panel of
offshore safety experts will certainly will take that under consideration.
As I read it, I think it includes the crew as responsible to support rather
than excluding the skipper's authority. And, being more explicit about the
chain of command seems worthwhile.
Again, thank you for taking the time to help us properly navigate this
tragedy and make good come out of it.