Major changes in English Civil Justice
Long term Member’s enter new ships
Guidelines for year 2000 projects
Insuring supernumeraries
Greek compensation rises
Canada doubles deserter fine
Brazil gets tough on visas
Stowaways -update
Bursting sugar bags
Fumigation
Loading soya meal in India
New form for standard
Club letter legacy
Sugar charterparty
Checking log
Deck cargo in
Who gets bulk loading plans?
ITOPF publications
Mooring accidents can cost an arm and a leg
Avoiding another hot work tragedy
“Jack of all trades - Master of …?”
Dates for your loss prevention diary
Distance learning course - updated
Residential course in P&I insurance and loss prevention
Welcome aboard
Calling Captain Noah!
The Mariner Number 3 Quiz Winners
Major changes in English Civil Justice
Shipowners will need to react quickly and diligently to personal injury claims which may be subject to the jurisdiction of the courts in England and Wales following implementation of the Woolf Reforms in the English civil justice system on 26 April 1999.
In accordance with Lord Woolf’s recommend- ations, courts in England and Wales will take a far more proactive approach in managing civil cases and bringing them to an early trial or, more often, settlement. Strict requirements will be imposed on all parties to an action with substantial penalties for failure to comply.
The reforms will apply to the whole of the English civil justice system but the main relevance to the Club and its Members is in relation to personal injury action.
It is likely that collisions and cargo claims will continue to be dealt with either in arbitration, in the Admiralty jurisdiction of the High Court or in the commercial court, none of which are yet affected by the reforms. However, if such a claim falls to be dealt with by the normal county court system, the reforms will apply.
The changes will affect not only those Members which own or operate ships flying the British flag or trading in British waters, but also those which occasionally visit British ports and are thus exposed to personal injury claims from shore workers - as well as those which carry English passengers or sell passenger tickets in England.
The main thrust of the reforms is to reduce the cost and increase the speed of English civil justice. The impact on Members is in relation to the systems which will need to be in place for the collection and organisation of claim documentation. When an accident occurs on board, all documentation required under the relevant legislation should be prepared immediately and in as detailed a form as possible. These should then be filed logically, so they can be referred to and, where appropriate, disclosed in the course of any action.
As soon as any indication of a claim is received from claimants or their representatives, the notification must be forwarded immediately to the Association. Only 21 days are allowed for a response, failing which the defence of the claim could be seriously prejudiced.
Furthermore, only three months are allowed for investigation and to decide whether to admit or deny liability. It is thus essential that the Association is notified of any potential claims as quickly as possible so that investigations can be started and Members interests protected.
Each party to the action will be required to disclose all documents on which it intends to rely and many documents which ad-versely affect its case or adversely affect or support another party’s case. The court may also require additional disclosure by any or all of the parties involved.
The party giving disclosure must also make a “disclosure statement” which confirms the position of the person making the statement, their authority to provide the statement and to make the search, the extent of the search and, where applicable, justifying the reasons if a search was not made.
The parties are only required to make a reasonable search for the necessary documentation but Members should be aware that their obligations under the ISM Code must be taken into account. It seems likely that it will be very difficult to deny discovery of any documentation which could be expected to be held by Members which are ISM compatible.
Long term Member’s enter new ships
A year after the successful North of England and Newcastle merger, two long term Members of the respective Clubs have reinforced their commitment to the combined Association.
Orion of Hamburg has entered its newest ship, MV “Agile”, an innovative 12,500 DWT double skinned general cargo ship, and Louis Dreyfus has entered its latest new building, MV “Eric LD”, a 170,000 DWT bulk carrier.
Guidelines for year 2000 projects
Enclosed with this issue of Signals is the Lloyd’s Register publication “Guidelines for Year 2000 Projects” which explains how the shipping industry should prepare for the so-called Millennium Bug.
The publication offers practical guidance on identifying and assessing the risk of system failure at the start of 2000 and on the need for projects to ensure that computers and other shipboard systems will be ready for the millennium. It also addresses the equally important issue of contingency planning.
These guidelines have been prepared by Lloyd’s Register who have kindly made it available free of charge. Further copies can be obtained for free from local Lloyd’s Register offices, or by contacting the Control Engineering Department on telephone +44 181 681 4781, fax +44 181 681 4870. Alternatively the guidelines can be downloaded from the Lloyd’s Register Web Site at www.lr.org.
Insuring supernumeraries
The Association will reimburse Members in respect of liabilities, costs and expenses in relation to supernumeraries - usually relatives of crew, guests and riding gangs. However, as supernumeraries are not carried under a crew contract or a passenger ticket, there are no additional contractual obligations. Members thus have no liability beyond negligence.
It is therefore advisable to encourage supernumeraries to take out their own loss of life/personal accident insurance. This will provide protection in the event of an incident occurring which does not involve the Member’s liability.
Any Member who believes they might have a commitment to provide wider cover to a supernumerary should contact the Association as soon as possible.
Greek compensation rises
Compensation payable to Greek seafarers is governed by the country’s Labour Accident Law 551. A recent decision by the relevant Greek authorities to alter the basis of calculation under this law has affected potential compensation due in cases of personal injury and death.
The amendment will result in a considerable increase, 40-60%, in relation to more minor injuries but will only increase larger compensations relating to death or total and permanent invalidity by approximately 8-9%. Members requiring further details regarding the amendment to Law 551 should contact the Association.
Canada doubles deserter fine
The Canadian immigration authorities have increased the deposit required for crew deserters from Canadian $7,000 to Canadian $15,000 per crewmember as from 1 January 1999.
Though the deposit is in principle a fine against the ship, the monies are used by the local authorities for processing and repatriation of any crewmembers subsequently found.
However, once a period of several years has passed, it is possible to apply for a partial refund as it is then assumed that after that the crewmember is unlikely to be apprehended.
Brazil gets tough on visa
Foreign flagged ships carrying out coastal or inland voyages in Brazil are at risk of a substantial fine and possibly having the entire crew deported if crewmembers do not have the appropriate visa.
Brazilian immigration authorities are currently prevented from actually collecting fines and deporting crewmembers pending the outcome of an appeal by an affected owner. However, some owners have had to resort to making an entire, unplanned crew change in order to avoid delay to the ship while arguing their case.Club correspondents and lawyers are protesting to the Brazilian government that the requisite visa is not easily obtainable by foreign crewmembers. It is hoped that this will result in a re-drafting of the relevant law.
Stowaways -update
Morocco
There is a reported increase of stowaways boarding ships in the Moroccan ports of Casablanca and Agidir. A frequent problem is stowaways hiding themselves in cargoes where they cannot be detected with flashlights, so it is important to take all precautions upon completion of loading to prevent this.
One Member is insisting that every person boarding their ships in Morocco is issued with a boarding pass, stamped with the ship’s name and consecutively numbered. Upon leaving the ship the pass is returned and the number of passes handed out and returned is recorded. The Association believes that such a procedure along with all other preventative measures will help to reduce the number of stowaways able to board.
Spain Harbour masters at Spanish ports have been empowered to levy fines against shipowners when stowaways have escaped from a ship. In such cases, sailing will not be allowed without security having first been provided in the equivalent to the amount of the fine.
There does not appear to be a set criteria used by harbour masters when deciding the fine to be paid but the amounts appear extremely high. In a recent case, two stowaways managed to escape from a Member’s ship despite precautions, resulting in a fine of US$205,000.
The financial impact on Members can be mitigated by ensuring that steps to satisfy the requirements of the local authorities in Spanish ports are taken, both prior to an during the ship’s stay. When a stowaway is discovered, Members should notify both the Association and the ship’s agents prior to arrival in Spain.
Bursting sugar bags
Problems have arisen with sugar cargoes packed in polypropylene lined jute bags manufactured in China.
At first sight, the bags appear to be of reasonable quality with one edge folded and stitching on one side and at the bottom edge. On closer inspection, however, the quality of the jute itself appears to be very poor.
Once the bags are filled with sugar, the top edge is stitched shut and the bags are loaded into the holds. The pressure of the cargo above then causes many bags to split the stitching at various points as the jute material gives way.
The problem is causing major difficulties for shipowners and charterers as cargoes may have to be discharged, re-bagged and re-loaded. It is understood that the bags are from a Belgian supplier and are most likely to be used in the sugar trade to North Africa.
Members concerned about the quality of sugar packaging are encouraged to contact the Association for advice and assistance.
Fumigation
Charterers and shippers often request that fumigation is conducted either in transit or at anchorage with crew remaining on board. Members thus need to be aware of the different types of fumigant and also the provisions of the Maritime Safety Committee of the International Maritime Organisation (IMO Guidelines) for the use of the fumigants.
Fumigant gases are poisonous to humans and require special skills and equipment - so they should never be used by the ships crew. The most widely used fumigants are
- phosphine evolving gases (hydrogen phosphine) such as aluminum phosphide
- agnesium phosphide, gastoxin or magtoxin pellets
- ethyl bromide
The first two are phosphine-generating fumigants and are used essentially for the same purpose, that is when contact insecticide will not give full control. However, their properties are very different and will be dealt with accordingly by the fumigators involved.
Methyl Bromide is used in situations where a rapid treatment of commodities or space is required as it disperses more rapidly than phosphine-generating formulations. Methyl Bromide should not be used in spaces where ventilation systems are not adequate for the removal of all gases from the free space. It should never be used in transit - as clearly stipulated in Section D of Annex 1 of the Recommendations on the Safe Use of Pesticides in Ships 1996 edition. Fumigation with Methyl Bromide should only be permitted when the ship is in the confines of the port (either at anchorage or alongside). All crew must remain ashore until a gas-free certificate is issued by the fumigators.
Phosphine-generating fumigants are used for in-ship in-transit or at-berth fumigations. The application methods and the treatment times vary widely depending on the temperature, depth of cargo and on the application method used.
The Master has absolute discretion as to whether or not a ship is fumigated in the manner requested or, more particularly, whether or not in-transit fumigation is allowed.
The question of whether or not the crew remain on board is also a key issue; there have been reported incidents of illnesses and deaths of the crew in cases where phosphine-generating fumigants have been used in-transit and at-berth with crew remaining on board. Both types of phosphine-generating fumigant can be potentially dangerous if not used correctly, if gas leaks into the accommodation areas or pockets of the gas remain in the holds.
Fumigators must always conduct a thorough pre-fumigation inspection of the ship. It is imperative that they are fully aware of the ship’s condition prior to application of fumigants to cargo spaces as the spaces need to be gastight. This will also assist the Master in deciding whether or not to allow fumigation in-transit.
The Master must of course have confidence in the fumigators, who should be able to provide documentation proving their competence and authorisation. Any doubts or queries should be notified to the shipowners office and records of these communications retained for future reference in the case of any disputes arising.
Prior to any fumigation, the Master or his trained representatives must also have been made familiar with the fumigant label, detection methods, safety procedures and emergency procedures. The fumigator in charge must also have ensured that the necessary equipment on board is in good condition and that adequate equipment is available to allow sampling as required under the IMO guidelines.
No unauthorised person should be allowed back on board until all parts of the ship have been certified gas-free and clearance has been given by the fumigator in charge.
Members with any questions concerning any aspect of fumigation should contact the Association for assistance.
Loading soya meal in India
Members should be extra vigilant when loading soya bean meal from Indian ports, particularly Mumbai.
The cargo is brought to the docks in old bags of different sizes and then handled using hooks, resulting in a substantial loss through spillage, before being bled into the holds. The stevedores then covertly collect the contaminated sweepings and mix them with the cargo already loaded. Members should thus attempt to prevent such a practice and local surveyors have some expertise in this area if assistance is required.
Another problem experienced is the quality of the meal itself. Lengthy delays in obtaining analysis certificates from local testing laboratories are not unusual and even priority requests take approximately 72 hours to process. As loading is relatively fast, the cargo is often on board prior to the arrival of the sample analysis. Owners should thus insist that charterers provide certificates of quality - including reference to moisture and oil content - prior to loading.
Although the bagged meal is checked as it arrives in the port warehouse and sheds, it frequently contains hardened lumps and discoloured cargo. The crew should ensure that these are removed on a regular basis from the holds during bleeding.
Debris left by stevedores such as rope, twine and empty bags is also a common problem. Officers and crew should ensure that all debris is removed and maintain a strict watch at all hatches during loading. Local surveyors can be used to persuade local agents or shippers to employ separate labour for each hatch to collect hardened or discoloured cargo as well as debris.
Local surveyors have also drawn attention to the description of the cargo, which is sometimes referred to as “yellow soya bean meal”. During bleeding, the cargo from some bags is noted to be various shades of yellow i.e. from bright yellow to dark yellow/brown. In order to avoid problems regarding the description of cargo, it is suggested that “Indian soya bean extraction” is more appropriate as cargo is never 100% “yellow”.
Finally, on completion of loading, there are frequently substantial discrep-ancies between the quantity loaded according to the shipper’s and the ships’ figures. This may be accounted for by spillage so close attention should be paid to initial and final draught surveys.
Although the information provided is specifically related to Indian soya bean meal, the recom-mendations are appropriate for a number of bulk cargoes which are brought to the port in bags and then bled into the holds.
Information provided by surveyors Messrs Ericson and Richards, Mumbai.
New form for standard
Members will by now have received a circular dated 9 December 1998 setting out revised standard forms of LOI (Letter of Indemnity) recommended by the International Group. These are to be given in return for delivering cargo without production of the original bill of lading and/or delivering cargo at a port other than that stated in the bill of lading.
One of the reasons for the amendments is to make it much clearer which additional details need to be completed when preparing the LOI for signature.
The part relating to security has also been modified. Previously, the standard-form LOIs did not specify the time frame within which bail or other security had to be provided to prevent the arrest or detention of the ship or to secure its release. As security usually needs to be provided as a matter of urgency, the new form of LOI has been amended to require the giver of the LOI to provide security “on demand”.
Perhaps the biggest change to the new forms of LOI is to include a new limit of liability of 200% of the CIF value of the cargo. One of the main reasons for the new limit is to cater for the situation where the relevant LOI is to be counter-signed by a bank. Banks are naturally extremely reluctant to sign anything which contains no express limit on the extent of their liability.
The aim, therefore, is to provide the giver of the LOI a much clearer idea of the maximum amount of liability (which was unlimited under the old forms) while at the same time setting the limit at a level sufficiently high to cover any losses or damages which owners may incur. Unfortunately, however objections have been raised in various quarters to the new form of LOI, in particular this new limit.
As a result the International Group is looking at this issue again and it is possible that there may be a further revision.
For the time being, subject to any revision, where a charterparty entered into after the introduction of the new forms requires a particular LOI to be given in an owner’s standard P & I Club form, it is the new form of LOI which is to be used including the new limit on liability.
Members with any queries as to the precise form of LOI to be used should contact the Association.
Club letter legacy
A recent decision of the Commercial Court in London, upheld on appeal, confirms that a P&I letter of guarantee given on behalf of a Member also covers a successor in title of that Member even when the Member may have ceased to exist.
In the case of C. Itoh & Co Ltd -v- Companhia de Navegacao Lloyd Brasilieiro, the “Rio Assu”, a Club letter was given to cover the liability of Lloyd Brasilieiro. After proceedings had been commenced Lloyd Brasilieiro ceased to exist as a legal entity but all the company’s rights and liabilities in the litigation were transferred to the Republic of Brazil.
The question arose whether, if judgment was given against the Republic of Brazil, the Club letter would cover that judgment notwithstanding that it named only Lloyd Brasilieiro. The Commercial Court confirmed that it would, on the basis that the commercial purpose of a Club letter is that a claimant should be properly secured.
There was no reason why a claimant should accept security that would give it less protection than if it had kept the ship under arrest. Also the reference to the defendant, includes its successor, either because the reference is wide enough or on the basis of an implied term to that effect.
What the decision means in practice is that it will not necessarily be possible to escape liability where a Club letter has been issued simply, for example, by winding the defendant company up.
Sugar charterparty
The Sugar Charterparty 1969 with minor revisions made in 1977 has been replaced by the Sugar Charterparty 1999. The previous version was a poorly drafted document and included many obsolete clauses and historical inaccuracies’ such as stipulating one discharge option as one or two safe ports in the Yugoslav Adriatic. Unfortunately the new version is little better.
BIMCO’s Documentary Committee has long sought to remove such obsolete charterparties from circulation and replace them with modern agreements which reflect the commercial and political realities experienced by charterers and owners alike. The committee hoped it could work in conjunction with the sugar trade to produce a more modern, balanced charterparty. A sub-committee was formed in 1995 to produce a revised draft for discussion. Unfortunately the sugar trade refused to acknowledge the work done by BIMCO and produced its own revision.
Members forced into working with the new charterparty need to be aware of its principal deficiencies. The charterparty contains a large number of drafting ambiguities. For example, line 24 contains a reference to “...all charterparty speed...”. As the charterparty speed is not warranted in the charter, it is not clear precisely what the owner is promising to do.
The protective clauses are grossly inadequate. The war risk clause is obsolete, the charterparty contains no clause paramount and the strike clause remains imprecise.The charterparty continues one of the central failings of the earlier version by requiring an entity which is not a party to the contract (the receiver) to do things fundamental to the performance of the charterparty such as, for example, the nomination of a discharge berth. BIMCO’s advice to shipowners is to avoid the new charterparty and, where possible, fix on alternative contracts such as the GENCON 1994. Members experiencing difficulties with the new or old charterparty should contact the FD&D Department.
Checking log
Courts frequently wish to consider what is stated in a ship’s log books. However, they may also want to look into what procedures are in place, or should be in place, in the ship operator’s office for reviewing or otherwise monitoring the standards which are being achieved in keeping log books.
Members need to check that a contempor-aneous record is being kept on each ship and also that the record accurately reflects company procedures. Clearly such procedures would be included, where appropriate, in the requirements of the safety management system of the ISM Code with reference to Section 12 of the Code - ‘Company Verification, Review and Evaluation’.
Situations have arisen where claimants have made allegations that unsafe practices were taking place on board and that those unsafe practices should have been apparent to the shipowner from a review of log books. The court may very well expect the shipowner to produce log books going back a number of years which may reinforce the claimant’s case.An example of such a situation might involve the failure to record in the deck log details of the lookout on watch on the bridge. In the event of a collision, where there may be an allegation that a failure to maintain a good lookout contributed to the incident, such log book entries may be scrutinised very carefully.
Members and their masters should ensure that procedures for keeping logs and for checking that those procedures are being followed are reviewed and any necessary corrective action duly taken.
Deck cargo in
Members trading to and/or from Belgium and carrying cargoes on deck (particularly on container ships) should be aware of the Belgian law in this respect.
In a recent case considered by the Antwerp Court of Appeal, a cargo of containers was carried on the deck of a purpose-built container ship. The bill of lading did not specify that the containers were loaded on deck with the consent of the shipper. The bill of lading did however contain a clause according to which the containers could be carried on deck or under-deck without notice to the shipper.
The cargo claimant argued that the containers were shipped on deck without the consent of the shipper or at least that this consent was not referred to in the bill of lading. Accordingly, the bill of lading holder had been misled and therefore the carrier could not rely upon the defences or limitation incorporated in Article 91 of the Belgian Maritime Code.
It was held by the Court of Appeal that the loading of containers on deck without express reference to the fact on the bill of lading constituted an infringement of the Hague Rules and the carrier was therefore unable to rely upon any defences or limitations normally available. Members should therefore ensure that bills of lading should be properly claused to reflect the fact that the containers are carried on deck in order to preserve all rights and defences to any claim under Belgian law. This advice also relates to purpose-built container ships, which is not usual practice in other jurisdictions.
It would appear that the Belgian approach in respect of container ships is not in line with almost all other maritime jurisdictions and it is understood that attempts are being made to have the position reviewed and changed. In the meantime, Members would be best served by protecting their position with claused bills.
Who gets bulk loading plans?
A SOLAS amendment is causing some concern to bulk carrier operators and ship managers. It is part of the 1996 International Convention for the Safety of Life at Sea, 1974 (SOLAS) amendments which were effective of July 1998.
Regulation 7 - Stowage of Bulk Cargo sub section 3 states, “Before a solid bulk cargo is loaded or unloaded the Master and the terminal representative shall agree on a plan which will ensure that the permissible forces and moments on the ship are not exceeded during loading or unloading, and shall include the sequence quantity and rate of loading or un-loading taking into consideration the speed of loading or unloading, the number of pours and the deballasting or ballasting capability of the ship. The plan and any subsequent amendments thereto shall be lodged with the appropriate authority of the port state.” It is the last sentence of the amendment which has raised concern.
Several bulk carrier operators with ships entered in the Association have attempted to lodge loading and unloading plans with the authority of the port state only to be told there is no system in place to accept such documents. The Association and some Member companies have thus endeavoured to seek clarification on this point.
It is clearly apparent that some port states do not have the mechanism to deal with such plans. The Association suggests that Members prepare a plan and advise their masters to lodge a copy of the plan with the terminal where the ship is loading or discharging.
Any Members who have experienced difficulties with the SOLAS amend-ment or which have established a compliant procedure are asked to pass relevant information to the loss prevention department. The department will endeavour to collate information and keep Members advised as this potential problem develops. Members which have experience of port states who are in a position to accept loading and discharge plans are also asked to contact the Association.
ITOPF publications
Members were advised by circular in January 1999 of changes in connection with the membership of the International Tanker Owners Pollution Federation (ITOPF). Reference was made within the circular to publications produced by the Federation. The Association maintains a stock of the following:
ITOPF Handbook1999/2000
This publication is produced on an annual basis and includes valuable information relating to oil spill statistics, the status of various marine pollution-related IMO conventions together with details of ITOPF staff.
Ocean Orbit
ITOPF provide details of technical developments in the field of marine pollution in their annual newsletter Ocean Orbit.Review This publication incorporates the annual director’s report and accounts for ITOPF.
Members wishing to obtain further information relating to ITOPF may either visit the ITOPF website at http://www.itopf.com or contact Nick Tonge at the Association.
Mooring accidents can cost an arm and a leg
Despite numerous maritime industry initiatives and safety awareness campaigns many seafarers are injured, maimed or killed while undertaking mooring and anchoring operations. These dangers are highlighted in the latest Safe Work Accident Prevention Poster (SWAPP 13) which is distributed with this issue of ‘Signals’.
The frequency at which ships berth or anchor varies greatly depending on their trading patterns. However, neither complacency nor unfamiliarity should be factors when mooring or anchoring a ship. If all shipboard duties - however mundane - are carefully planned and supervised, accidents and injuries will be avoided.
Only a fool under-estimates the seriousness of mooring operations and the huge loads and forces which are exerted during such operations. Considerable care is required when mooring and also when stowing wires and ropes as well as maintaining roller fairleads, bits, winch drums, brakes and clutches. Ropes and wires must be regularly inspected and well maintained. They should be carefully stowed, preferably off the deck on pallets and kept away from moisture, chemicals and other substances which may harm them.
It is imperative that personnel involved in mooring operations wear the correct personal protective equipment. There is always considerable debate when it comes to the use of gloves when handling wires and ropes. The Association recommends that the use of gloves be fully considered but ultimately the decision on whether they are used or not lies with the seafarer. However, when turning ropes on drum ends, extreme care should be exercised as gloves could become trapped.
Ropes and wires should be flaked out on the deck prior to arrival in port and arranged so as to ensure that any mooring operation goes as smoothly as possible. Certainly, personnel should never stand in the bight of a rope.
Unfortunately, however, personnel - like the character in the poster - still manage to get themselves entangled in mooring ropes with catastrophic results. All seafarers must be made aware of the potential hazards and remain in positions of safety whenever possible. Care must be exercised at all times, particularly when loads are coming onto mooring ropes or when heaving lines are being passed between ship and shore.
All mooring operations should be well planned and the personnel involved should be familiar with the proposed sequence of events and know what to do in the event of unforeseen circumstances arising. Communication should be maintained between all those involved in the mooring operation and the master.
When alongside, all moorings should be constantly monitored and sufficient personnel allocated to tending and adjusting moorings. This is particularly relevant in tidal waters and on ships with high loading and discharge rates.
Many accidents occur when making fast a tug. It must be remembered that the ship has little control over the actions of the tug and that the tug can apply load at any time. Wherever possible, ships lines should be used as the ship has very little control over the condition of a tug’s wires or ropes. Naturally in some parts of the world tug ropes will be in excellent condition, but this is not always the case. As is continually emphasised by the distribution of the Safe Work Accident Prevention Poster (SWAPP) series, good seamanship and the use of correct personal protective equipment as well as good planning and supervision play a vital role in the prevention of injuries.
Avoiding another hot work tragedy
A recent tragic incident on board a tanker entered with the Association lead to the fatality of seafarers and has raised concerns about hot work and shipboard practices. All welding or burning (hot work) conducted outside the ship’s workshop should only take place when a valid work permit has been issued and the job has been carefully planned. Equally, a permit to work should only be issued when all appropriate tests and inspections have been undertaken. Seafarers must remember that the permit-to-work system is only a means of organising and planning a safety procedure. Indeed, in itself it does not make the job safe but it is the actions of those seafarers which ultimately may make the difference between life and death.Whenever undertaking hot work seafarers must ensure that:
- the area is gas-free and incapable of supporting an explosion or fire
- all potentially combustible debris in the area has been removed
- the area is thoroughly cleaned and is free of oils and greases
- all areas are adequately sectioned off
- there is no risk of sparks passing through open hatchways, stairs or gratings
- the area is fully ventilated
- fire watchmen or standby personnel are employed to monitor the situation
- all equipment is in good working order
- fire-fighting appliances are readily available
all personnel involved in the operation are wearing the correct personal protective equipment.
Obviously no hot work must be undertaken until the flammable gas and vapour readings have reached safe and acceptable levels. The equipment used for such gas and vapour determination is the combustible gas indicator - otherwise known as an explosi-meter - which detects the amount
of flammable gas or vapour in the air.
Such testing must be undertaken prior to work in cargo tanks, fuel tanks, cargo holds, pipelines, pumps and other spaces that have contained flammable substances. All these spaces must be certified as being free of flammable gases before any hot work is commenced.
Seafarers involved in hot work should ensure that ventilation and continuous atmosphere monitoring is maintained throughout the period of work. If at any time the ventilation systems stop or gas readings alter, then work should be suspended. A shore-based chemist should be employed where possible prior to hot work alongside or in dry dock to check atmosphere readings.
When preparing tankers for hot work all tanks, cargo pumps and pipelines should be thoroughly cleaned and drained prior to the start of any hot work. When hot work is completed frequent checks must be maintained for at least two hours afterwards.
The concerns and dangers of hot work are both well known and obvious yet today seafarers will jeopardise their lives and this year many will continue to be killed and injured. It is only by following correct procedures and industry best practices that such injuries and fatalities will be avoided.
“Jack of all trades - Master of …?”
This year is the tenth anniversary of ‘The Mariner and Maritime Law’ series of seminars organised by the North East Branch of the Nautical Institute. Since its inception a decade ago, North of England P&I Association has been pleased to act as a sponsor.
The series of seminars has been organised primarily for serving seafarers. However, it has become immensely popular with people from many sectors of shipping, marine insurance, legal and other related industries and professions such that the annual gathering of around 250 delegates in Newcastle represents a unique opportunity for an exchange of ideas across such a wide ranging spectrum.
During the last ten years the subjects covered have included signing bills of lading, unsafe berths and ports, seaworthiness, collisions, salvage, personal injury, pollution, stowaways and fire on board (1).
To mark the tenth anniversary it has been decided to address a recurring issue which has surfaced in almost every previous seminar and pull together a number of strands which have been developing over the years.
This year’s seminar will examine what is actually expected of today’s shipmasters and consider whether they have been adequately prepared for the enormous tasks involved and whether indeed they have been adequately resourced to fulfil all the many obligations they are expected to bear. The old expression “Jack of all trades, master of none” takes on a new dimension.
The role of the ship’s master is explained in almost poetic terms by Christopher Hill in his book ‘Maritime Law’ (2):
“The master of a ship is a man of many parts. He needs to be part disciplinarian, part accountant, part lawyer and more than part seaman / navigator. Above all, perhaps he needs to command the respect of his fellow men. He needs to have more than his fair measure of self-confidence and an ability to make a cool and rational judgement, sometimes at very short notice, in times of crisis. He is a servant in law, an agent both for his principal, the shipowner, and to some extent the owner of the goods he is carrying. If his ship is under charter and the charterparty so stipulates, he must obey the instructions of the charterer in respect of the employment of the ship. He is also a commander of men, his crew, and he occupies a position of special trust, a fiduciary relationship with his owners. He is absolutely responsible for the safety of his ship and remains in command regardless of whether or not his ship is in charge of a pilot at any given time.”
The seminar will endeavour to address many of the master’s roles with a particular emphasis on the legal implications. Rather than just raise many questions it will be the intention of the seminar to identify ‘best practice’ within the industry and restate the case that safety issues must always take priority and demonstrate how the law will support the master and the shipowner in striving to achieve that end.
Members are strongly urged to support the seminar by assisting and encouraging their staff - particularly their sea-staff - to attend and participate in the seminar. Special subsidised rates apply to seagoing delegates.
The seminar will be held at the Swallow Gosforth Park Hotel, Newcastle-upon-Tyne on Saturday 20 November 1999. Full details and a registration form will be sent to all members as soon as they are available.
1. Copies of the speakers papers can be obtained from:- Nautical Institute Publications; The Nautical Institute, 202 Lambeth Road, London SE1 7LQ, UK.
2. Maritime Law - LLP 1995 - p.495
Dates for your loss prevention diary
April 1999
Workshop training sessions for masters, officers and office staff of various ship- manager members in India.
India Branch of the Nautical Institute - loss prevention seminar at Mumbai on Friday 23 April 1999. Sponsored by North of England P&I - presentations by Rodney Eccleston, joint managing director, Phil Anderson, assis- tant manager (loss prevention) and Savraj Mehta, assistant manager (underwriting).
Presentation at UAE Branch of the Nautical Institute in Dubai on Monday 26 April 1999.
May 1999
Four-day training course in P&I insurance and loss prevention being run for the Cyprus Shipping Council, Limassol, from 12 - 15 May 1999.
June 1999
Annual five-day residential training course in P&I insurance and loss prevention to be held at the Lumley Castle Hotel, Chester-le-Street from 7 to 11 June 1999.
September 1999
The main North of England P&I Association annual seminar with many loss prevention issues being considered is to be held at the Ledra Marriott Hotel Athens, Greece on Tuesday 21 September 1999.
November 1999
The Nautical Institute - ‘Mariner and Maritime Law’ Seminar 10 is entitled ‘Jack of all trades - Master of...?’ and is to be held in Newcastle-upon-Tyne on Saturday 20 November 1999.
Additional events will also be arranged during the year and Members will be duly advised. Anyone requiring further information on any of these functions should contact the Loss Prevention Department at the Association.
Distance learning course - updated
In 1997 the 3rd edition of the Association’s distance learning course in P&I insurance and loss prevention was completed after an extensive rewrite and restructure. This included the production of the 400 pages of study text in ‘loose-leaf’ format to allow the material to be updated by replacement pages as and when necessary.
A full and detailed review and update of the distance learning course study material has now been completed and replacement pages printed to take into account changes which have taken place in the Club rules and related areas of the law and practice over the last year.
Unfortunately, production and admin-isration costs have been rising steadily and it has become necessary to increase the cost of the course to £475 plus postage charges. This will include not only the extensive set of study notes, with supporting video and books, but also the marking of 14 assignments by a personal tutor assigned to each individual student. The new price will take effect from 1st April 1999.
Further details of the course and enrolment forms can be obtained from the Loss Prevention Department at the Association.
Residential course in P&I insurance and loss prevention
At the time of preparing this issue of ‘Signals’ there are still a few available places on this year’s five-day residential training course to be held at Lumley Castle. This is an excellent opportunity not only to acquire a more detailed knowledge about P&I insurance and loss prevention but also to meet people from other parts of the world and from other sectors of the industry.
For more details and an registration form please contact the Loss Prevention Department at the Association.
Welcome aboard
Joanna Meadows obtained a BA (Honours) Classics degree from London University and qualified as a solicitor in 1991. Having spent seven years with London solicitors Middleton Potts, where she specialised in shipping litigation. We are delighted to welcome Joanna who joined the FD&D Department in January 1999.
We are pleased to announce that Barry Ayliffe has recently joined the FD&D Department. Barry is a solicitor who qualified with Herbert Smith in 1990, before joining Clifford Chance with whom he worked until 1997 and with whom he spent 3 years secondment with their Hong Kong office. In 1997 Barry joined the Gard P&I Club in Norway, where he worked in the Legal and Defence Department.
Calling Captain Noah!
A North of England Member - Transportacion Maritima Mexicana - was presented with a most unusual cargo to load recently: the Hnos. Fuentes Gasca Circus! Pictured below are some of the exotic passengers. Fortunately for the crew the elephants carried their own trunks on board!
The Mariner Number 3 Quiz Winners
The quiz was once again very popular and there were many correct entries received. A draw was made to identify the three winners and the 20 runners up. The three winners, who each receive a "Mariner" game and a competition T-shirt were:
- Mr D Harocopos, Managing Director of
- HellenicMediterranean Line
- Mr Andreas N Nouikos of Seabon Holding Corporation
- Ms Marija Pospisil of Rijeka, Croatia
The 20 runners up each received a competition T-shirt. This issue of Signals features the Mariner quiz number 4.