There are two separate issues here; who is responsible for this specific incident. To my mind that’s a question that will get sorted out later when more details come out, No doubt a lot of this will be in the context of the legal system.
Another issue is the effectiveness of the current regulations, that’s why I brought up the DUCK boats .
Earl put it exactly the way I think about it here:
If you’re responsible for managing risk at sea or elsewhere you do not want your crew to fail. After an incident it’s a whole other story.
After the outcome is clear, any attribution of error is a social and psychological judgment process, not a narrow, purely technical or objective analysis.
•Richard Cook and David Woods