September 30, 2026 — The Port Authority of Guam is building upon a 35-year-old equipment safety and accident review policy with a comprehensive update designed to strengthen employee safety, equipment accountability, operational reliability and management follow-through.
Policy Memorandum No. 2026-GM04, effective September 30, 2026, builds upon and supersedes prior versions of General Manager Policy Memorandum No. 02-91, originally issued in 1991. The revised policy establishes clearer responsibilities and procedures from the initial reporting of an accident, incident or equipment condition through technical evaluation, investigation, management action, corrective action and documented closeout.
“This is not about creating a new system where none existed before,” General Manager Rory J. Respicio said. “The Port has had an equipment safety and accident review policy for 35 years. We are building upon that foundation so responsibilities are clearer, decisions are based on documented facts, and approved actions are followed through to completion.”
A central feature of the revised policy is the distinction between routine equipment condition and serviceability matters and accidents, incidents, injuries or damage requiring formal investigation. Routine equipment conditions ordinarily proceed through Equipment Maintenance for technical evaluation and return-to-service determination, while matters requiring formal investigation proceed through the appropriate investigative process.
The policy makes clear that Equipment Maintenance has technical authority to determine whether equipment is safe and serviceable. Once equipment is determined to be serviceable, Operations or Transportation may deploy it within their respective authority, while the General Manager retains authority to direct the deployment, reassignment or operational use of serviceable Port equipment. No official outside Equipment Maintenance may override a technical determination that equipment is unsafe or unserviceable.
The revised policy also establishes a specific process when previously unreported damage is discovered during inspection, maintenance, repair or equipment turn-in. A technical determination that damage warrants further investigation does not determine when the damage occurred, who caused it, or whether an accident, misuse, negligence or misconduct occurred. Those questions are determined through subsequent investigation and review based on documented facts.
Acting Equipment Maintenance Manager Shine San Agustin initiated the review of the longstanding policy as the Port examined opportunities to strengthen its equipment reporting, serviceability and accountability processes.
The revised framework preserves the distinct responsibilities of Port Police, Safety, Equipment Maintenance, Personnel Services and operational management. It also establishes responsibilities for Division Heads to reserve relevant information, cooperate with investigations, address immediate operational or safety conditions, follow through on assigned matters and implement approved corrective actions, while prohibiting management from predetermining fault or interfering with the investigative process.
“Accountability has to work in every direction,” Respicio said. “Employees have a responsibility to report accidents, damage and equipment concerns, but supervisors and management also have a responsibility to act, document, communicate, escalate when necessary and follow through. Position or rank does not remove anyone from that responsibility.”
The policy expressly provides that accountability is not limited to the employee operating equipment or involved in the initial event. Actions or inactions by supervisors, managers, Division Heads, Deputy General Managers, the General Manager and other responsible officials may also be reviewed when relevant.
The updated policy also strengthens the Accident Review Board process. The ARB will continue to bring together Safety, Port Police, Equipment Maintenance, Operations, Transportation, Personnel Services, Finance and management, while allowing the Harbor Master, Commercial Manager, Marina Manager and appropriate CIP or Engineering representative to participate as voting members when a matter requires their specific expertise. The policy also establishes voting, quorum, conflict and tie procedures for ARB proceedings.
The revised policy reinforces protections for good-faith equipment reporting. A mechanical breakdown does not by itself constitute an accident, and a determination that a reported condition could not be replicated or that equipment is serviceable does not by itself establish employee misconduct.
“The Port’s equipment operators are often the first to identify equipment concerns, and we want them to report what they see without hesitation,” said Ray Santos, the Port’s Transportation Superintendent. “This policy gives operators, dispatchers and supervisors a clearer process to follow while making sure the technical determination is made by our maintenance professionals. This updated policy is fair and practical because reporting a problem does not automatically mean an employee did something wrong. The facts determine what happens next.”
Similarly, an employee cannot be required to reimburse the Port merely because an accident occurred, equipment was damaged, or the employee possessed or operated the equipment when damage was discovered. Any employee financial responsibility must be supported through the applicable review process and include applicable notice and an opportunity for review or hearing.
The policy is part of the Port’s continuing response to recent cargo handling equipment challenges. The Port has ordered approximately $208,000 in equipment parts, supplemented its maintenance workforce with three Heavy Equipment Mechanic IIs through its temporary staffing services contract with Alliance, LLC, and partnered with LMS to provide two additional mechanics and technical assistance. Five additional equipment operators hired through the Port’s temporary staffing services contract with Alliance, LLC also began work September 28, 2026.
“Our equipment is aging, but our response cannot be,” Respicio said. “We are putting people, parts and technical support into the immediate recovery effort while strengthening the policies that govern how equipment issues are reported, evaluated and resolved. This is about stabilizing operations today and leaving behind a stronger system for the next generation of Port employees and leaders.”
Policy Memorandum No. 2026-GM04 takes effect September 30, 2026. Existing specialized policies and procedures governing personnel matters, the Disciplinary Review Board, Drug-Free Workplace requirements, workers’ compensation, insurance and claims, records and other specialized functions remain in effect except where appropriately amended.
