SAFETY CULTURE SPECIAL - North P&I Club
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
EST. 1990 • WINTER 2019 • ISSUE:114
SAFETY CULTURE
ROLLOVER RISK OF LNG
The phenomenon of rollover
is a long-standing risk
associated with liquid
SPECIAL
natural gas.
NORTH SPREADS CHRISTMAS
CHEER TO SEAFARERS
A token of thanks at
Is it now time for Safety Management 2.0? Christmas in appreciation of
all of their hard work.
SCORA - SAFETY CULTURE
ORGANISATIONAL
ASSESSMENT
Building a tool to provide
North’s Members with
an insight into their
organisation’s capacity
for safety.
www.nepia.com
LOOK INSIDE THIS ISSUE SAFETY
MANAGEMENT:
SIGNALS • WINTER 2019 • ISSUE:114
WELCOME 12 LIGHTING FIRES SAFETY CULTURE
SPECIAL
TIME FOR AN
Forgetting to switch off the lights in cargo
holds can damage cargo but in more
03 SAFETY MANAGEMENT: TIME extreme cases can lead to fire. ©2019 The North of England P&I Association. All
FOR AN UPGRADE?
articles or extracts may be quoted provided that North
12 CUSTOMS TARGETING LNG 06 A SEA CHANGE IN APPROACH is credited as the source.
TO SAFETY MANAGEMENT?
Upgrade...
Since the introduction of the ISM Code, ‘Signals’ is published by The North of
UPGRADE?
vessels’ safety management systems
(SMS) have evolved and they now vary
SHORTAGES IN INDIA Safety suffers through complex
England P&I Association Limited
significantly in size and complexity. Indian authorities are imposing customs safety management systems 100 The Quayside,
fines on LNG carriers for cargo and difficulties in building safety Newcastle Upon Tyne NE1 3DU UK
shortages upon discharge at ports culture. Is it now time for Safety Telephone: +44 191 2325221
in Gujarat. Management 2.0? Email: loss.prevention@nepia.com
PEOPLE 13 ROLLOVER RISKS OF LNG
www.nepia.com
08 UNDERSTANDING HUMANS: Since the introduction of the ISM Code, vessels’ safety management
03 NORTH SPREADS CHRISTMAS The phenomenon of rollover is a long-
LESSONS FROM THE FINANCIAL HOW HAVE WE DONE?
standing risk associated with liquid Let us know what you think of the
CHEER TO SEAFARERS natural gas (LNG). The consequences CRASH latest edition. Contact us at systems (SMS) have evolved and they now vary significantly in size and
can be severe. It is important we signals@nepia.com
North delivers ‘shoebox gifts’
to seafarers.
understand not only what rollover is, but
Focus in recent years has been
on the human element and safety complexity. However, incidents leading to deaths, injuries, damage and
also how to detect it and what can be culture. We often take inspiration INSIGHT ARTICLES AND BACK ISSUES
done to mitigate the risks. from other industries, such as Current articles from Signals can be pollution still occur, regularly involving either a breach of a vessel’s SMS
aviation and offshore oil and gas but found online at www.nepia.com/insights
SECURITY can we learn lessons from industries and back issues of Signals are available or a flaw in the system.
LEGAL
where a transferrable link is less online at www.nepia.com/signals
obvious? Although invaluable when used correctly assessment Safety Culture ORganisational Finally, we are launching a new series
04 NEW GUIDANCE ON CYBER CONTRIBUTORS and sensibly, checklists and written Assessment tool being developed in of training packs aimed at improving
SECURITY: ACT NOW! 14 DOUBLE TROUBLE 09 SCORA – SAFETY CULTURE Editor: Alvin Forster
Contributors: Garath Archer,
procedures are not the sole solution to conjunction with leading consultancy onboard training. The first pack is on the
The third edition of Guidelines on Cyber FOR OWNERS ORGANISATIONAL ASSESSMENT Helen Barden, Katherine Clifford,
safe working and preventing incidents.
It is a far more complex situation. In this
Green-Jakobsen and North’s loss prevention
working group. Scheduled for launch in
subject of can tests. Liquefaction of bulk
cargoes remains a very real risk and it is
Security Onboard Ships addresses the North in conjunction with Green Adrian Durkin, Alvin Forster,
A recent Court of Appeal decision
requirements to incorporate cyber risks
has confirmed that an owner has an Jakobsen has developed SCORA, Michelle Foster, Colin Gillespie, issue we talk about the concept of Safety March 2019, SCORA will be free for North vital that these simple can tests are
in a vessel’s safety management system a tool to provide Members with Holly Hughes, Rod Maclennan, Management 2.0 where the seafarer is Members and will provide a high level insight understood.
absolute obligation to commence the
(SMS). approach voyage by the required time an insight into their organisation’s Simon MacLeod, Gemma Middis, front and centre. Is it now time to upgrade into your organisation’s capacity for safety.
even where there is no expected time capacity for safety. David Patterson, David Richards,
your system so it works for the seafarer
of arrival or readiness to load in the Peter Scott and John Southam Elsewhere in this issue, LNG is tackled in
and not the other way round?
SHIPS charterparty.
09 SPREADING CULTURE Photographs: Shutterstock, istock
and North This is part of our special focus on safety
two very different directions; one looking
at the risks of rollover and the other at
14 INTERPRETING ‘EN ROUTE’ Shore-based workers can also fall
victim to enclosed spaces on board Thanks to: Erik Green – Managing culture. Tricky to define, tough to measure customs fines in India. We also have news
04 BEWARE OF QUAY CONTACTS Differences in interpreting ‘en route’ a vessel. It is therefore vital that the Director of Green-Jakobsen, Sea Health
and Welfare and Made Smart Group
and immensely difficult to grow, safety on how recent court judgments could affect
IN KINGSTON in MARPOL Annex II can cause
confusion on operational discharges.
crew lead by example and do not
relax their standards to those of
culture is an area where potential great
improvements in safety can be achieved. We
shipowners and charterers as well as an
interesting interpretation by the German
Recent years have seen several Recent incidents in the Netherlands visiting third parties. JOIN IN THE CONVERSATION look at some ideas that could improve the courts on what is ‘en route’ with regard to
incidents in the port of Kingston in and Germany highlight these particular By Alvin Forster
Jamaica where vessels have made www.nepia.com safety culture in your organisation. We are MARPOL.
contact with a particular quay on the
difficulties.
10 GET THE MOST OUT OF A @NorthPandIClub
also very proud to introduce SCORA: a self-
Deputy Director (Loss Prevention)
entrance to the port’s basin.
CLOSE SHAVE NorthPandIClub
LOSS PREVENTION
There are a number of different
05 INCREASED POWERS TO
NORTH SPREADS CHRISTMAS
systems that allow crew to report
The North of England P&I
safety incidents and issues. Different
PENALISE POLLUTION IN EUROPE terms are used and the lack of
Association Limited
The European Court of Justice has 15 CAN TEST TRAINING PACK clear definitions can confuse. But North P&I Club
CHEER TO SEAFARERS
whichever system is used, it is
re-interpreted international and
European law to give coastal states
LAUNCHED important that it is used to its full
greater powers over ships passing North launches a new series of training effect.
through their waters. packs.
15 RESIDENTIAL TRAINING COURSE 11 MEASURING REAL SAFETY Over the Christmas period many anticipation, smiles and joy with the
PERFORMANCE seafarers are unable to be at home Christmas presents they carry. The donated
CARGO Loss Preventions training course dates
in the UK. Can a vessel’s safety culture be
assessed by LTIF and whether or not
with their loved ones whilst they play
unofficial Santa delivering goods all
shoeboxes, containing small gifts such as
toiletries and chocolates are a token of our
11 WHO HAS TO PRODUCE THE crew wear PPE?
around the world on their vessels. thanks in appreciation of all of their hard
work.
As a ‘thank you’, North donated 67
EVIDENCE IN A CARGO CLAIM? 15 NORTH IN THE NEWS shoeboxes full of gifts to the Apostleship of We were fortunate enough to deliver some
Shift in burden of proof as Supreme Recent coverage of North in the Sea’s Christmas Shoebox Appeal for of the shoeboxes to the crew of a vessel
Court decides that where cargo is the press.
shipped in apparent good order and distribution to vessels around the UK. calling into the Port of Blyth which were
condition, but is discharged damaged, Seafarers work away throughout the year very happily received by the seafarers
the carrier must show either that the to deliver our everyday essentials - and on board.
damage occurred without its fault or By Holly Hughes
caused by an excepted peril.
over the festive season they also deliver Claims Executive
2 WINTER 2019 • ISSUE:114 • CONTENTS WINTER 2019 • ISSUE:114 • SAFETY MANAGEMENT: TIME FOR AN UPGRADE • PEOPLE 3
NEW GUIDANCE ON CYBER SECURITY: ACT NOW! INCREASED POWERS TO
PENALISE POLLUTION
The recent news that the Port of San Whilst cyber risk management is not Have you considered the issues raised in
Diego had been hit by a cyber extortion a formal requirement of the ISM Code the six examples? Are your systems and
scheme is further proof that the maritime until 2021, owners and operators should procedures robust enough to deal with
sector continues to be a target for cyber already be preparing now. Use tools such such incidents?
criminals. Vessel owners and operators as the BIMCO guidelines to work towards
Now more than ever, the saying “hope for
must not only harden themselves against its incorporation into vessels’ safety
IN EUROPE
the best, plan for the worst, but prepare to
attack but also create contingency and management systems sooner rather than
be surprised” holds true.
recovery plans setting out what to do in later. Not only will it take time to properly
the (inevitable?) event that an incident or assess what needs to be done and how to By Adrian Durkin
Director (Claims)
attack occurs. do it, as the six anonymised examples given
in the BIMCO guidelines show, cyber issues
The recently updated BIMCO “Guidance on
and attacks are already affecting vessels THE GUIDE LINES
Cyber Security Onboard Ships” should be CYBER SECURITY ONB
OARD SHIPS
ON
and operators.
on everyone’s reading list. This is the third
edition of these guidelines in as many years, FIND OUT MORE
as good an illustration as could be given of The BIMCO guidance
the need to remain up to date and flexible in can be read here:
the face of our ever-increasing dependence http://bit.ly/Cyber
on technology and the closer integration SecurityGuidelines Produced and supported
by
BIMCO, CLIA, ICS, INTERCARGO
, INTERMANAGER,
INTERTANKO, IUMI,
OCIMF and WORLD SHIPPING
COUNCIL
between shipboard operational technology 2018
(OT) and information technology (IT). v3
If a vessel pollutes the waters within the Exclusive
Economic Zone (EEZ) of a country but does not call at
any of that nation’s ports, it has not always been clear
BEWARE OF QUAY CONTACTS IN KINGSTON
Produced and supported by
BIMCO, CLIA, ICS, INTERCARGO, INTERMANAGER, INTERTANKO, IUMI, OCIMF and WORLD SHIPPING COUNCIL who has the right to impose penalties.
A recent European Court of Justice The ECJ ruled that a coastal state can
(ECJ) decision provides some clarity interfere with the ship’s right of free passage
Recent years have seen several incidents in the port of Kingston in Jamaica on this matter. The judgment permits where: FIND OUT MORE
If Members wish to discuss any of the
where vessels have made contact with a particular quay on the entrance to European coastal states to detain and
penalise ships for breaches of MARPOL
i. the coastal state has clear objective issues raised in this article, then they
evidence that a foreign vessel is the
the port’s basin. that occur in their EEZ even if the ship
did not otherwise call at any of its ports.
source of a discharge that breached
should get in touch with their usual
contacts at North.
MARPOL pollution regulations; and
These contact incidents have resulted in passage plan that includes emergency The case involved a bulk carrier that spilled
ii. the breach caused or threatened to
damage to the port, damage to the vessel anchorages, no-go zones, a point of no oil when passing about 30 km off the coast By Peter Scott
cause major damage to the coastline or
and on occasion pollution. These in turn return and expected vessel speeds of Finland. Therefore the ship was within Senior Executive (Claims)
related interests of the coastal state or to
have led to high value claims. the Finnish EEZ but not its territorial waters.
An effective Master-Pilot exchange (MPX): the resources of the coastal state.
No counter-pollution measures were
good communications between the bridge
COMMON FINDINGS team and the pilot where the intended v3
undertaken by the Finnish authorities
and the slick was not observed to reach
Furthermore, the ECJ ruled that “resources”
can be very widely defined so that,
On each occasion, the appropriateness of passage and berthing plan is discussed
the coastline or to have caused any specific effectively, damage or a threat of damage to
the speed of approach of the vessel into and agreed. This should include tug
damage to the environment or Finnish anything at all within the EEZ is enough to
the turning basin was questionable. Other information, other vessel movements and
property. trigger the coastal state’s jurisdiction.
repeated factors included: vessel speed
Passage monitoring: the bridge team Several days later, the vessel returned It is likely that other EU nations will now
Tugs made fast very late as they did not
should monitor the agreed passage and through Finland’s EEZ and was detained start to use this ECJ judgment to assert
approach the vessel until it arrived at the
report the vessel progress to the Master by the Finnish Coast Guard for two days rights of enforcement over incidents
turning basin. This forced the vessel to
until the shipowner provided security in the occurring within their EEZ.
Exclusive
maintain its course towards the quayside and pilot. Report any deviations from the Economic Zone
agreed passage such as cross track error, relatively small amount of €17,112. A fine
ahead until the tug was made fast
was later imposed by the Finnish courts for (EEZ) in Finland
and vessel speed
Not enough tugs were available that same amount.
Monitor vessel movements in the port:
Tugs made fast in inappropriate positions these should be monitored by the bridge This penalty was challenged by the
Poor positioning in the approach channel team, and reported to the Master and pilot shipowner and brought to a Finnish
maritime court. This first instance court
Vessel’s arrival coincided with outbound Record it: the bridge team should maintain Example of track of vessel contacting berth
General Date: 10-Aug-2018 08:17
dismissed the action and the subsequent
vessels forcing it to miss the turning basin accurate records of the berthing including Source: www.madesmart.nl
Scale: 1:10000
500 m Projection: TM (m)
© Made Smart Group BV 2019; © C-Map Norway AS 2019
Court of Appeal dismissed the appeal,
fixing the vessel’s position on the chart or
but the Finnish referring courts sought
MASTERS BEWARE! ECDIS
FIND OUT MORE clarification from the ECJ on a number of
Masters and bridge officers should ensure
that these potential issues are noted in the
IF IN DOUBT – SHOUT! For further information on please see our
questions.
Hot-Spots on MPX Of most interest to shipowners, it was
vessel’s passage plan and discussed before The Master and the bridge team must
www.nepia.com/media/289177/ questioned whether Finnish courts
any arrival. challenge the pilot if they are in any doubt. LP-Briefing-Master-Pilot-Information- had jurisdiction over pollution incidents
Crews are reminded of the importance of: Reduce the risk of any contact issues by Exchange-September-2015.pdf occurring in Finland’s EEZ and whether
following best practice, being alert and Finland had the right to interfere with the
Effective passage planning: a well
establishing good communications between ship’s passage through the EEZ in such
prepared and agreed ‘berth to berth’ By John Southam
the pilot and bridge team. Loss Prevention Executive circumstances.
4 WINTER 2019 • ISSUE:114 • SHIPS WINTER 2019 • ISSUE:114 • SHIPS 5
SAFETY CULTURE SPECIAL
A SEA CHANGE IN APPROACH BALANCING SYSTEMS
AND PEOPLE
TO SAFETY MANAGEMENT?
the associated SMS. But usually they
will lack any formal training in human
behaviours. Naturally this means that
most will favour a technical approach to
safety and see safety as part of system
HUMAN SYSTEMS that can be fixed. If something goes
Safety suffers through complex safety management wrong, the incident is analysed and very
often procedural changes will be made
systems and difficulties in building safety culture. to put more barriers in place to prevent
Is it now time for Safety Management 2.0? recurrence. But very often the analysis
of the human side of things amounts to
“failure to follow procedures” or the even
less helpful “human error”. It is rare that
questions are asked of the individuals
SAFETY CULTURE: EASY IN THEORY... involved as to why they behaved as they
did. Such questioning can be invaluable
in supporting a safety culture.
There are many other brakes on safety
1. A CEO makes a statement that safety is the 6. Staff are trained in systems and procedures culture including the highly fragmented
way we do business going forward important to safety nature of the industry and the nature of
and pressures on seafarer employment.
2. A mission statement around “safety vision” is 7. Safety culture flourishes in the company BALANCING SYSTEMS AND PEOPLE
written
But the reality is much different. Safety culture All of these factors combined mean
can be likened to a rare orchid – delicate, hard that for an individual company to be
3. Stretch KPIs - very low numbers LTIFs or zero successful in nurturing a safety culture
incidents - are created to grow and in need of constant tending and through to maturity they must be highly
nurturing in the face of a harsh environment. committed to developing the safety
4. The vision is communicated to all employees, Let’s look at some of the elements that
culture across the whole organisation and
very mindful of the difficulties that can
extolling the safety vision contribute to difficulties implementing hamper their efforts.
safety culture. For safety culture to flourish, companies
5. A comprehensive safety management system must balance a systems approach to
exists or is produced safety management with a person-centric
approach to safety management. Over
time, with care and hard work this can
develop into a safety culture which allows
safer, incident free (or at least incident
CHALLENGES IN NURTURING A nearest equivalent in shipping to a ‘zero
tolerance’ attitude is the tanker sector.
open communication – again difficult
to achieve in a hierarchical company
light) and more efficient operations.
So perhaps safety and commerce can
SAFETY CULTURE Tanker operators are required to operate structure and can often be complicated
coexist easily after all?
safely by their commercial partners. This by cultural preferences.
Safety and commerce do not tend The time for Safety Management 2.0
to coexist easily. It’s a big step for a zero tolerance attitude from the customer Safety management systems (SMS)
is now.
company to fully commit to safety as means that safety and commerce go can be overly long and complex in their
their way of business. Commercial hand in hand and it’s no coincidence that use of language, making them difficult
pressures around costs and vessel the tanker sector operates more safely to use. To some extent these systems
schedules will inevitably put pressure on than other sectors. are a victim of their own success. They
the commitment to safety. Individuals Human nature does not necessarily lend have been an extremely effective tool
or departments within a company may itself to safe behaviour. Enclosed space for companies and seafarers to manage
occasionally respond to these pressures accidents are a good example of this. their vessels. But documentation can
by making exceptions and prioritise Those involved are often experienced often run to hundreds of pages and tens
commerce over safety. This can be seafarers, usually conscious of the of thousands of words – too much for
corrosive to a safety culture as employees potential risks and aware of the entry anyone to easily digest. If a system is
may perceive that the company is not procedures. But still they enter. What difficult to use this leads to workarounds
really committed to safety as its way motivates this clearly unsafe behaviour? or procedures being ignored. Recently a
of business. This can be particularly Are they thinking “I’ve done it before number of companies have taken steps
to re-write and re-structure their SMS By Colin Gillespie
destructive if a safety culture programme and it was OK”? Or “I’ve got to get the
Director (Loss Prevention)
has recently started. job done now so we can start loading”? with a focus on making them accessible
Surely they are not thinking “I will put my to the end user i.e. the seafarer. This
The societal expectations of shipping
life in danger today”? is something we at North refer to as
allow continued safety failings. Society
has zero tolerance for airline accidents Training can help this situation but sensible systems.
The custodians of safety, the DPA and
FIND OUT MORE
but shipping accidents are routinely it needs unsafe behaviours to be
For further information contact our
accepted. This undoubtedly has challenged at all times and become others in the HSQE department tend to
Loss Prevention Team at
a negative impact on the shipping unacceptable at all levels within be highly capable and competent on the
loss.prevention@nepia.com or visit
industry’s approach to safety culture. The companies. This requires a culture of technical aspects of running a ship, and
www.nepia.com/loss-prevention
6 WINTER 2019 • ISSUE:114 • SAFETY CULTURE SPECIAL WINTER 2019 • ISSUE:114 • SAFETY CULTURE SPECIAL 7
SAFETY CULTURE SPECIAL SAFETY CULTURE SPECIAL
By Alvin Forster By Simon MacLeod
SCORA
Deputy Director Deputy Director
(Loss Prevention) (Loss Prevention)
UNDERSTANDING HUMANS:
KEY FINDING IS
THE ‘DISCONNECT’ BETWEEN
THOSE WHO DECIDE ON THE SAFETY CULTURE
LESSONS FROM THE FINANCIAL CRASH
POLICIES AND PROCEDURES ORGANISATIONAL ASSESSMENT
AND THOSE WHO ACTUALLY A tool to provide Members with an insight into their
CARRY THEM OUT organisation’s capacity for safety.
Focus in recent years has been on the human element and safety culture. We often Organisational safety capacity is the ability of Learning and development
the company, both ashore and at sea, to
take inspiration from other industries, such as aviation and offshore oil and gas but employ, evaluate and enhance safe work
Reporting culture
A score is awarded for each key area, along
can we learn lessons from industries where a transferrable link is less obvious? processes, good safety practices and to
develop safe behaviours. with a recommendation on how to maintain
or improve performance.
North, in conjunction with Green-Jakobsen
and North’s Loss Prevention Working The report can then promote discussions
The global economic crash at the end of ‘Abstraction’: Crews’ perceptions of risk Also, people modify their behaviour in an rule or written procedure says one thing, but and stimulate ideas for safety improvements.
adverse way if the rules are too strict or their colleagues or line manager say another, Group, is developing the Safety Culture
the last decade prompted much analysis and their abilities to identify hazards and By identifying and prioritising improvements,
ORganisational Assessment tool. This
in the financial sector. Great efforts were assess risks restrictive. Their behaviour can adapt quite then the local version will win more often companies can focus their efforts effectively.
consists of a survey aimed at senior officers
made to try and understand why bankers ‘Unchallenged’: A lack of oversight or creatively and can ultimately lead to pushback than not. Completing the survey periodically provides
on board, shore based managers who have
acted in the way that they did and why distant relationship by senior against the system. If people are treated like The top-down efforts on creating and an indicator of progress and the effectiveness
a direct input into vessel safety and the
their behaviour wasn’t challenged sooner. shore management idiots they will act like idiots. maintaining an effective safety culture remain departments directly supporting the vessel of implemented improvements over time.
This research has raised some very Measuring Performance: Performance vitally important, where senior management operations such as technical, marine and
‘Incentive to Move’: If the crew know they
interesting points; particularly the study of HSEQ, operations, crewing and commercial.
why well-intentioned rules and regulations
can leave the company and be employed
elsewhere on equal or more generous
cannot always be effectively monitored
and assessed by reviewing systems and
must be unequivocal and unambiguous in
the message. But there must also now be a A report is then produced that provides an
FIND OUT MORE
are violated and how this allows a better carrying out planned audits. Performance realisation that the “tone in the middle” is a overview of the organisational safety capacity SCORA is due to be launched in March
terms with little consequence then this can
understanding of human behaviour. is best assessed by the direct observation significant influence in people’s behaviour. in a number of key areas, namely: 2019 and will be free for Members.
stifle loyalty to the company
Perhaps too much effort has been made in the of people’s behaviour by independent and Members wishing to register interest in
Safety leadership
past within the maritime sector in identifying
‘Granular Regulation’: Negative effect of
over-regulation and micromanagement on
random audits. WHERE NOW? Health and well-being
using SCORA should contact
Simon.MacLeod@nepia.com
how people violated the rules, and reacting by Communication: Upwards reporting of non- Strong leadership is essential with an
the crew Risk management
adapting the rules to prevent future violation, compliances is often filtered. This prevents unequivocal and unambiguous position on
rather than understanding why people
WAH! KNOWING WHAT the full WAH picture from being known by safety
SPREADING CULTURE
contravened the rules and therefore tackling senior management, who then have a more There needs to be the right share of
the root of the problem. ACTUALLY HAPPENS optimistic view on the safety culture than the accountability at each level within the
actual reality.
STUDYING HUMAN BEHAVIOUR The finding that relates most strikingly to
the maritime sector is the ‘disconnect’ The most powerful forecaster of unsafe
company, ashore and on board, with the
appropriate amount of oversight
A paper by Dr Roger Miles titled Tracing the that can exist between the different parties behaviour is when people won’t talk about Strong relationships and trust amongst
True Origins of Bad Behaviour: New Ways to unsafe behaviour – consider the reporting By David Patterson
Predict Conduct Risk Exposure looked at the
and introduces the concept of the ‘formal
structure’ and the ‘informal structure’. of incidents, near misses and ISM non-
ship, shore and senior management
personnel
Enclosed spaces continue to kill. Loss Prevention Executive
aftermath of the credit crunch. An immediate conformities. The absence of these reports
The formal structure comprises of what has Safety management systems must be It is concerning that despite the high-
thought might be “what has bankers behaving certainly does not mean that incidents are not
been written down by the organisation’s sensible and workable. The crew must profile campaigns to tackle enclosed
badly got to do with maritime safety?” But the happening.
management and includes charts, mission have input into the process spaces and dangerous atmospheres,
paper contains many observations that are
statements, job descriptions and manuals. Tribal Loyalties: Where do people’s loyalties fatal incidents keep happening.
easily recognisable to the mariner’s eye. A stable and secure workforce could help
The informal structure is “What Actually lie? Possibly the strongest influence on a
It tells us that to really understand why a promote belonging and loyalty The circumstances surrounding these
Happens” (WAH) and this is the reality on person’s behaviour is the behaviour of their
person or a group of people acted in the way Crews need to have the ability to identify incidents vary and the reasons behind
board the ship. Safety violations and incidents work group and peers. This determines
they did, we need to look deeper into their hazards and assess risks – ensure training them are undoubtedly complex. It may be
occur as a direct result of what actually what is “normal”. It is human nature to adapt
biases and behaviours. provisions recognise this because the space was not considered
happens in reality. behaviour in order to fit in with the work
to be dangerous or that the dangers were
“Unsafe” behaviour arises when certain This supports earlier work by academics on group even if it is known what goes on is The decision makers ashore and senior known but entry still went ahead.
conditions are in place. If these can be safety such as that by Hollnagel where the fundamentally wrong. This influencing work management must know what actually
identified then efforts can be made to stop the group consists of people who are generally happens on board the vessels – tackle the Such incidents can be prevented by a
concepts of “work as imagined” and “work
problem before it takes root. The conditions the same status, includes their immediate ‘disconnect’ between “work as imagined” competent and motivated crew supported
as done” are discussed. It is the ‘disconnect’ Stevedore inspecting containers
as described in Dr Miles’ research are of managers, but, very importantly, excludes and “what actually happens” by sensible safety management systems
between those who decide on the policies holds without express permission from the
course largely unique to the financial industry senior management. existing in a mature safety culture. But
and procedures and those who actually carry Rethink the auditing and performance
what about those who visit the vessel and officer in charge. Observant and vigilant
but it does not require too much imagination them out. The work groups have loyalties primarily to measurement systems to better assess
do not share the same values? deck rounds by crew will help identify any
to see how it could apply to the maritime their own “tribe” and resist any intervention the reality of “what actually happens”
So what influences people and why unsafe practices and prevent persons
sector and safety. They can be paraphrased from senior management. They state “this Shore-based workers can fall victim
does this disconnect exist between the accessing unauthorised areas.
as follows to relate to shipping: how we do things around here”, but in the to the dangers of enclosed spaces on
different parties? Visitors to the vessel should be in no
‘Longevity’: A high turnover of staff within negative sense of the term. It is easy to see board a vessel. It is therefore vital that the
the shore management can lead to ships’ WE’RE ONLY HUMAN how this could apply to a shipping company FIND OUT MORE crew lead by example and not relax their doubt that unsafe working will not be
– senior management versus crew with standards to those of visiting third parties. tolerated. Providing safety instruction to
crews thinking they will outlast whoever is For further information contact our
Human Reaction to Rules: On their own, superintendents somewhere between Loss Prevention Team at
visitors upon boarding sets the tone and
driving any changes
‘Balance of Power’: The crews hold more
written rules and codes are not effective ways the two. loss.prevention@nepia.com or visit SPREADING SAFETY CULTURE shows them the expectations of the ship
to control people and influence behaviour. It www.nepia.com/loss-prevention towards operational safety.
power and influence in the operation and The Tone at the Middle: People don’t just Visitors to the vessel should be supervised
is wrong to assume that a person’s default When working with surveyors or other
management of the vessels than the senior make up their own sense of a rule, they watch at all times and be prevented from
position on rules and regulations is that of contractors who require entry into a space
management for signals from those around them to see if accessing areas where a dangerous
honest and simple compliance. with a potentially dangerous atmosphere,
it really does apply to them. So, if the formal atmosphere might have developed.
Stevedores and any other shore workers make sure all parties are involved and
should not be permitted to enter cargo engaged in the toolbox talk.
8 WINTER 2019 • ISSUE:114 • SAFETY CULTURE SPECIAL WINTER 2019 • ISSUE:114 • SAFETY CULTURE SPECIAL 9
SAFETY CULTURE SPECIAL
By John Southam
SAFETY CULTURE SPECIAL
WHO HAS TO PRODUCE THE
Loss Prevention Executive
GET THE MOST OUT OF A CLOSE SHAVE MEASURING REAL
SAFETY PERFORMANCE EVIDENCE IN A CARGO CLAIM?
Sea Health Can a vessel’s safety culture be In December 2018, the Supreme Court issued a judgment
& Welfare assessed by LTIF and whether or not
crew wear PPE? concerning the burden of proof in cargo claims.
When we ask shipowners and operators This case was about the carriage of bagged to adopt a system which is sound in light
the question: “How is your safety culture?” coffee in unventilated containers from South of all the knowledge which a carrier has or
a large majority responded along the lines America to Northern Europe. During transit ought to have about the nature of the goods.
of “Our safety culture is above average – the cargo suffered condensation damage It does not mean a system which is suitable
resulting from cargo sweat. The containers for all the weaknesses of a particular cargo.
crew use PPE and our LTIF is OK!”
were prepared and stuffed by stevedores One indicator of a sound system is that it is
Can an assessment of ‘above average’ be contracted by the carrier. in accordance with general industry practice.
justified from only these two parameters? The Supreme Court dealt with a narrow point Nothing in the Supreme Court’s judgment
Probably not, as they don’t adequately arising under the Hague Rules: who bears changes that summary of the law.
explain the truth about what is actually the burden of proof in the context of a cargo 2. Standard of proof: Where the carrier bears
happening on board the vessels. claim not arising from unseaworthiness? The the burden of proof, it will be required to
Safety performance is often evaluated from Supreme Court has clarified that, for all practical demonstrate those facts required to discharge
the outside, usually in the form of audits purposes, the common law liability of a carrier, its burden on the balance of probabilities (i.e.
and inspections. And of course we should unless modified by contract or subject to a whether something was more likely than not
cargo convention like the Hague Rules, is to take to have occurred). Volcafe v. CSAV is not a
always also learn from incidents. These are
reasonable care of the goods. case about the weight a judge or arbitrator
OK, but cannot stand alone. Real safety
The position under the Hague Rules was dealt might attach to the available evidence.
performance measurement has to be
done by those doing the job – potentially with in two stages by the Supreme Court. 3. Evidential Burden: Cargo interests
supported by observers. In other words, 1. Article III, rule 2 of the Hague Rules deals remain under an evidential burden to show
we have to look at the safety ’lifestyle’ on with the obligations to “properly and carefully” that (a) cargo was loaded in apparent good
board if we are to measure how safe transport goods. The Supreme Court decided order and condition and (b) that it was
that where cargo is shipped in apparent discharged damaged.
we are.
good order and condition, but is discharged 4. Seaworthiness: Nothing in the Volcafe v.
TALKING WITH SEAFARERS PROVIDES
UNSAFE CONDITION UNSAFE ACT VALUABLE KNOWLEDGE
damaged, the carrier must show that the
damage occurred without its fault in the
CSAV judgment impacts on cases involving
an allegation that there was a failure to
various respects covered by Article III, rule 2. exercise due diligence to make the ship
Over the years Green-Jakobsen has 2. Article IV, rule 2 of the Hague Rules sets seaworthy at the commencement of a
carried out a number of ‘safety maturity voyage in breach of Article III, rule 1. Cargo
HAZARDOUS OBSERVATION NEAR MISS ACCIDENT REPORT
out a list of defences to a claim for breach
assessments’, in the course of which over of Article III, rule 2. When invoking most of interests retain the burden of proving
1,800 seafarers were interviewed as well as those defences, the carrier has the legal causative unseaworthiness.
a large number of office staff. burden of disproving any negligence on its 5. Loading, handling, stowage and discharge:
part. In relation to the “inherent vice” defence This decision does not cast doubt on the
There are a number of different systems
that allow crew to report safety incidents
Using the same situation as above:
QUALITY OVER QUANTITY Asking the right questions allows an insight
into how safe people feel at work and how at Article IV, rule 2(m) in particular, the carrier analysis in The Jordan II that The Hague and
The crew are preparing to load stores and must show either it took reasonable care of Hague-Visby Rules do not require the carrier
and issues. Different terms are used and It is important that safety management they perceive safety performance. Do they
one of the AB’s checks the lifting sling the cargo but the damage occurred anyway, to perform loading, handling, stowage or
the lack of clear definitions can confuse. systems clearly state what is required by the have a proper and useful dialogue about
prior to use. He notices it was not put or that whatever reasonable steps might discharge operations. It is only insofar as the
But whichever system is used, it is crew when it comes to reporting hazards or what and how they operate – before,
away properly after its last use and has have been taken to protect the cargo from carrier agrees to carry out any of the functions
important that it is used to its full effect. incidents. during and after? Is the atmosphere on
subsequently been damaged. He notes damage would have failed in the face of its mentioned in Article III, rule 2, that he agrees
Two of the more common terms are ‘near that if used, there is the potential it may Some companies require their vessels’ crews board beneficial for the well-being and job inherent propensities. to perform them “properly and carefully” / with
miss’ and ‘hazardous observation’. Let us look break. to submit a minimum number of near misses satisfaction for the crew? Do the leaders “reasonable care”.
give clear direction and instruction? Is the Since the trial judge had not made findings
at what these actually mean. per month. This could promote the wrong
Danish organisation Sea Health & Welfare has on some key issues relating to how the 6. Article IV defences: The Volcafe v. CSAV
behaviour and it has been reported that work environment taken into consideration
produced a series of illustrations that can be containers were prepared, the carrier had failed judgment requires the carrier to disprove
NEAR MISS found at http://uk.nearmiss.dk/knowledge/
crews are actually submitting simple hazard
observations or trivial matters to meet an
when tasks are planned and executed?
to discharge its burden of proof and the cargo negligence in order to rely on many of the
The UK Health and Safety Executive (HSE) what-is-what/. The above is a great example The answers to all these questions - and claims succeeded. Article IV defences. However evidence of
arbitrary quota. more - give a more precise indication of negligence on the part of the carrier will not
defines a near miss as “an event not causing of what is a hazardous observation (unsafe It is welcome to have clarity on this important
harm, but has the potential to cause injury condition or unsafe act), a near miss and an It is better to concern ourselves with the the safety on board. Giving the seafarers a issue. The full extent of any impact from the defeat the nautical fault exception (Article IV,
actual accident. quality of submissions of both near-misses chance to discuss, collaborate and reflect judgment will only be known after a period rule 2(a)) or, as per the decision of the High
or ill health”. In other words an unsafe or
and hazardous observations. Instead of a to a much higher degree allows for them of time has passed and no doubt the Court in The Lady M, the fire defence (Article
dangerous event that actually happened, that
could have caused damage or harm to the SIMPLE AND EFFECTIVE REPORTING KPI for quantity, set a KPI on a quality to be supported in addressing the factors decision will be subject to detailed analysis in IV, rule 2(b)).
crew but on this occasion did not. Using a simple format, all crew can easily based metric, such as the closure of reported that are important for the safety lifestyle on subsequent cases. The case serves to highlight the importance
report a hazard and also give suggestions for hazards. board. A few points can be made about the limits of of creating accurate records throughout the
An example: period cargo is in the custody of carriers and of
improvement. For example: A strong safety culture requires all levels in the After all, wouldn’t it be much better if we this decision.
During loading stores using the stores preserving evidence in relation to any potential
organisation – both ship and ashore - to be learn before an incident happens? 1. Nature of carrier’s obligation under Article
crane, a damaged sling is used and it cargo claim.
CREW HAZARDOUS OBSERVATION REPORT actively involved in safety. Therefore a system III, rule 2: the Court of Appeal’s judgment
parts under load. The load drops from
Stores sling found on the deck that requires input from all levels, such as in this case reviewed the authorities on the
height onto the main deck but fortunately
no one was standing under it. The stores
HAZARD:
instead of in the rigging loft, it was that outlined above, will assist in building a FIND OUT MORE nature of the carrier’s obligation under Article FIND OUT MORE
damaged stronger culture. III, rule 2. The Court of Appeal stated it is
palette was light so there was no damage Read more about Green Jakobsen’s Practical guidance can be found in the Club’s
work on measuring real safety well-established that the obligation to care for
to the ship’s structure. ACTION TAKEN: Removed the sling form the rigging publication on the collection of evidence and
loft and told chief mate so the
and carry the goods “properly” under Article
performance at in guides on particular types of cargo claims,
HAZARDOUS OBSERVATION certificate could be removed from
the register
FIND OUT MORE www.safety-delta.com
III, rule 2 means “in accordance with a sound
system”. The law does not require the carrier which are available on the Members’ Area of
Sometimes also known as ‘hazard For further information contact our Loss to employ a system which is guaranteed the website: www.nepia.com
identification, this is where an unsafe act or an Raise the importance of returning
Prevention Team at By Erik Green to avoid damage nor is there an obligation
SUGGESTION FOR loss.prevention@nepia.com or visit
unsafe condition is observed that may have rigging to the rigging loft after use Managing Director of Green-Jakobsen to ensure goods arrive in an undamaged By David Richards
IMPROVEMENT: at next safety meeting www.nepia.com/loss-prevention
the potential to cause harm. condition at their destination. The carrier is Deputy Director (Cargo)
10 WINTER 2019 • ISSUE:114 • SAFETY CULTURE SPECIAL WINTER 2019 • ISSUE:114 • SAFETY CULTURE SPECIAL • CARGO 11
LIGHTING CUSTOMS TARGETING
FIRES
Forgetting to switch off the lights in
LNG SHORTAGES IN INDIA By Michelle Foster
Senior Executive (Claims)
ROLLOVER RISKS OF LNG
The phenomenon of rollover is a long-standing
By Rod Maclennan
Loss Prevention Executive
cargo holds can damage cargo but in
more extreme cases, it can lead to fire. Customs fines imposed on LNG carriers for risk associated with liquid natural gas (LNG).
The New Zealand Transport Accident cargo shortages upon discharge in Gujarat. The consequences can be severe.
Investigation Commission (NZ TAIC) Rollover Boil-off
has recently published the report of its These fines take the form of a summons There have been suggestions made by the Vapour
investigation into a cargo hold fire. issued by Indian customs authorities. They Indian authorities that, regardless of the
The geared multi-purpose container allege a cargo shortage when a vessel outcome of these hearings, a system could
vessel KOKOPO CHIEF loaded packaged does not discharge the entire quantity of be introduced similar to current practices in
timber under deck before closing the LNG cargo detailed on the bill of lading. Argentina and Turkey. This system provides heat heat
input input
hatch covers and loading containers on The authorities view this “shortage” as a that a separate set of bill of ladings will be
top. Hours later, the fire detection system means to reduce the amount in customs produced for the agreed heel, boil-off gas
alerted the crew of a fire in No.4 hold. duty that would otherwise have been used during the voyage and the quantity
The vessel’s fixed carbon dioxide (CO2) applicable for the full bill of lading quantity. discharged ashore; effectively splitting the
Although more associated with shore- As the densities of the two layers equalise,
fire-extinguishing system was activated Furthermore, allegations are being made original bill of lading quantity into three sets.
based storage, LNG rollover is a the static pressure exerted by the top layer is heat input
and the local fire service responded by the same authorities that LNG vessels Whilst North has not been made aware of any potentially dangerous issue for sea-based overcome. The lower layer rises through the
and worked with the crew to monitor the calling at ports in Gujarat are forcing cargo for problems with this system so far, there are storage units, both as a cargo or as a top layer towards the surface. The LNG loses
situation. propulsion in order to avoid the expense of obviously concerns about the mechanisms marine fuel. its superheat and boils rapidly, producing a
The investigators found that the fire was burning bunkers during the sea passage. of its operation. For example, the cargo large volume of vapour. effective solution but it can have huge
quantity discharged ashore has to be carefully To date, rollover on LNG vessels is rare. But
caused by heat radiating from a cargo Responding to and defending these the risk may change as trading and chartering commercial and operational implications.
hold light that set fire to packs of timber allegations requires considerable time and determined so that the set of bills of lading
patterns shift. It is important we understand PREVENTING ROLLOVER
stowed close to the lamp. The cargo hold effort by all parties involved. incorporating the discharged quantity is
correctly issued. Similarly, there may be not only what rollover is, but also how to So what can a vessel do to prevent this SPOTTING THE SIGNS
lights had not been switched off upon In accordance with Section 115 of the Indian detect it and what can be done to mitigate
difficulties when determining the quantity of from happening? The ability to detect stratification allows better
completion of loading. Customs Act 1962, local agents must explain the risks.
boil-off during the loaded voyage. Finally, management of a developing situation. Two
why the full bill of lading quantity has not Primarily, prevent loading heavier LNG under
The report concludes that the response very simple signs that may indicate that
to the fire was well co-ordinated, but been discharged. This includes providing
there are the usual difficulties associated with
collecting all copies of the originally issued WHAT IS ROLLOVER? a lighter heel. Society of International Gas
Tanker and Terminal Operators (SIGTTO) has
stratification has occurred are:
identified the following safety issues: documentation in support of the natural boil-
bills of lading for cancellation in exchange for Fundamentally, a rollover can only take place produced guidance for the prevention 1. A reduction in the normal boil-off from
off of the cargo validly used for propulsion
The operator’s safety management issuing three split sets as described above. if there are two separate layers – this is known of rollovers in LNG ships. When loading a tank
during the voyage. These notifications
system had not fully mitigated the risk Care must be taken when using the three bill as stratification. For stratification to occur, two higher density LNG cargoes with a large
date back to inbound LNG voyages from 2. Increased temperature readings in the
of fire caused by cargo hold lighting, of lading system. elements must be in place: volume of lower density heel whilst alongside
2012, therefore potentially several hundred lower levels of a tank while the upper
in spite of an earlier incident involving summonses could be issued. Given the number of LNG carriers across all 1. There must be a retained volume of LNG a terminal, they suggest adopting the
readings are largely constant
similar circumstances International Group P&I Clubs affected by this (or heel) within the tank; and following procedure:
The basis of these summonses is
NZ Fire and Emergency training
standards did not fully cover the
questionable. It is an established fact that the
issue, we are working together to ensure a
consistent approach.
2. There must be a difference in the densities 1. Consolidate heel into one tank HIGH ROLLOVER RISK?
LNG quantity discharged is almost always of the LNG being loaded and the retained 2. Partially load a second tank to a level such If the risk of rollover is high, then it is
special considerations for responding less than that at completion of loading due to LNG in the tank. that there is room to transfer into the tank important to act.
to shipboard fires. Therefore ships’ boil-off and heel requirements. North, through
crews must never assume that shore agents, local correspondents and lawyers FIND OUT MORE Stratification is more likely to occur if the
density of the loaded LNG is greater than the
the entire heel Steps to mitigate the risk may include:
emergency response teams know have provided the Indian customs authorities 3. Close manifold liquid values but keep Increasing gas flow to the engine from the
North has a designated LNG team density of the retained heel. The filling line on
everything - they need the crew’s with explanations on how LNG Carriers that includes mariners and maritime lawyers vapour manifold open affected tank - the increased consumption
vessel-specific knowledge. an LNG vessel is usually designed with the
operate. We continue to wait to hear whether experienced in LNG. We are here to help our 4. Transfer heel into partially filled tank as should result in reduced tank pressure and
outflow at the bottom of the tank. Therefore,
this explanation has been accepted. Members on all LNG related matters. quickly as vapour pressure allows create a buffer in case of rapid boil-off
heavier LNG will remain at the bottom and the
For LNG carriers equipped with re-liquefaction For more information contact lighter heel will sit on top. 5. Do not load any further LNG into the Using a spray pump in an attempt to “mix”
plants there may still be an issue regarding Allistair Ridgley - Senior Executive (Claims) tank containing mix the layers internally within the tank
the retention of heel should charterers require This has the effect of creating two separate
allistair.ridgley@nepia.com
and distinct layers within the tank space. 6. Complete loading other tanks in
the tanks to be cool for the arrival at the next
load port. Over time heat will be absorbed into the normal way CHANGING TIMES
both layers. The upper layer will evaporate Historically, rollovers on seagoing vessels
It is important to note that this operation
have been very rare events. But as the nature
LNG LOAD/BOIL-OFF/ DISCHARGE
(or “boil off”) as expected at a normal rate. should only be carried out in close
As the surface evaporates there will be of the LNG market changes, we may see
cooperation with shore facility. Large volumes
an increase in the surface density due to vessels being asked to retain larger volumes
of vapour could be generated and it must be
cooling. The surface liquid will then sink and of heel or load multiple grades from multiple
carefully managed.
a convection cell will be created within this ports or load “weathered” LNG.
There are occasions where either the density
layer. Subsequently, the rate of boil-off will All these scenarios could result in heavier
Credit NZ TAIC of the LNG being delivered is not known
reduce noticeably – as much as 10%. LNG being loaded under a lighter heel which
or has changed from the original analysis
The lower layer will also gain heat and ultimately could lead to a rollover.
(e.g. weathering/aging or transhipped). So
FIND OUT MORE therefore become warmer. But as it is
subject to a static pressure exerted by the
what can be done if it is found that heavier
The NZ TAIC report upper layer, it can’t physically evaporate. It
LNG has been loaded under a large volume
of retained heel and the risk of a rollover is FIND OUT MORE
can be read here: essentially becomes superheated, existing in Further details can be sought from
assessed to be high?
https://taic.org.nz/ a liquid state when at a temperature above its North’s dedicated LNG team, whose
inquiry/mo-2017-205 SIGTTO advises that the safest and surest
natural boiling point. Losing the cooling effect experience includes Master Mariners,
method to prevent a rollover in this situation
usually provided by boil-off at the surface, commercial operators, LNG project
is to discharge all LNG as soon as possible
the lower layer will continue to warm up. As a management, technical superintendency
By Alvin Forster in into a shore receiving tank with appropriate
Deputy Director (Loss Prevention) result its density decreases. and technical operations.
mixing arrangements. This might be an
Source: Marangas
12 WINTER 2019 • ISSUE:114 • CARGO WINTER 2019 • ISSUE:114 • CARGO 13
DOUBLE TROUBLE FOR OWNERS NORTH IN THE NEWS
By Helen Barden
Professional Support Lawyer (FD&D)
BULKBULK CARGO LIQUEFACTION
CARGO LIQUEFACTION
Failing to commence the approach voyage even without an ETA can allow
for damages and the ability to cancel the charter.
THETHE CAN CANTEST TEST
You may have missed... PARTICIPANT WORKBOOK
PARTICIPANT WORKBOOK
A recent Court of Appeal decision has
confirmed that an owner has an absolute THE DECISION date of the charter, assuming this decision is not
successfully appealed.
obligation to commence the approach voyage Under English law, where there is an ERL and/
or ETA date in the voyage charterparty and
While an owner may wish to weaken any NORTH P&I WARNS OWNERS OF
by the required time even where there is no
expected time of arrival or readiness to load in it contains a clause requiring that the vessel
despatch obligation to proceed to the load
port, the incident which caused the delay to the
CONTAMINATED BUNKER RISKS, BULK CARGO LIQUEFACTION
the charterparty. A failure to do so will ordinarily proceeds with utmost despatch/all convenient vessel in the Pacific Voyager occurred before DECEMBER 2018 THE CAN TEST www.nepia.com
be a breach of the voyage charterparty allowing speed, there is an absolute obligation on the the approach voyage. Therefore, the owner was
POCKET CARD www.nepia.com
@NorthPandIClub
The North of England
P&I Association Limited
The North of England
P&I Association Limited
North P&I Club
for damages and the ability to cancel the owner to start the approach voyage by a date Mark Church, Director (FD&D), offers advice www.nepia.com
@NorthPandIClub The North of England
P&I AssociationNorth
Limited
P&I Club
The North of England
North P&I Club
not protected by an excepted perils clause,
The North of England P&I Association Limited
The North of England P&I Association Limited
@NorthPandIClub P&I Association Limited
charter. so as to reasonably ensure the vessel arrives by on the risks posed by contaminated bunkers.
which would have required an amendment to
the ERL/ETA date. cover delays occurring prior to the approach http://bit.ly/BunkerRisks By Simon MacLeod
“PACIFIC VOYAGER”: THE FACTS This case does not change that. However, voyage. Deputy Director (Loss Prevention)
NORTH P&I CLUB PARTNERS WITH ISWAN TO
NORTH LAUNCHES
The voyage charterparty required the vessel it is now apparent that even where there is Finally, it was made clear that if an owner wants
to perform the charter service with utmost no ERL/ETA date, there remains an absolute to make the beginning of the chartered service
despatch and to proceed to the load port. obligation on the owner to commence the contingent on the conclusion of the previous LAUNCH NEW CONFIDENTIAL HELPLINE FOR
A NEW SERIES OF
approach voyage. A failure to do so will be a
Whilst the charterparty did not contain an
Expected Ready to Load (ERL) date or breach allowing for damages. Where there is
voyage then clear words will be required.
“IAGW” and “WP” will not be sufficient. The
CREW, NOVEMBER 2018
no express date given in the charterparty then North launches Mind Matters – a campaign
TRAINING PACKS
Estimated Time of Arrival (ETA), it did contain latest Gencon revision uses the following
details of the anticipated timetable for this obligation will either start, depending on the wording in clause 1: to raise awareness of mental health and
completion of the voyage under the previous facts, forthwith, or within a reasonable period of wellbeing among seafarers – and confidential
the date of the charter. The vessel shall, as soon as her prior
charter. This timetable included the expected commitments have been completed, proceed helpline for crew, Mind Call. North has launched a new series of
date of discharge of the cargo under the training packs aimed at improving the
previous charter at Antifer on the basis “IAGW / WHO WILL BEAR THE RISK OF DELAYS to the loading port(s)….and there load a full and
complete cargo….
http://bit.ly/MindCall
READYING CHARTER PARTIES FOR 2020 delivery of onboard training. Each
WP” (interpreted by the court as ‘on the basis if This decision allocates the risks of delay prior to
all goes well/weather permitting’). the approached voyage to the owner and will
However, this wording may only protect owners PREPARING FOR 2020: Q&A WITH SHIPPING COMPLIANCE, DECEMBER 2018 training session will focus on a single
topic which has been recognised as a
in relation to prior commitments existing at the
On her way to the discharge port under the be welcomed by charterers. But given that the
decision may be appealed, it is still in charterers’
time the charter is made and is yet to be tested INDUSTRY EXPERTS, NOVEMBER 2018 Tiejha Smyth, Deputy Director (FD&D),
discusses how IMO’s sulphur cap is affecting
contributing factor in incidents, accidents
or near misses.
previous charter, the vessel came into contact in the courts.
interests to include ERL/ETA dates in the Alvin Forster, Deputy Director (Loss
with a submerged object in the Suez Canal charterparties. The new training packs include guides for
charterparty. Prevention), discusses the uncertainty
causing significant damage requiring lengthy http://bit.ly/2020Charterparties those delivering the onboard training and
repairs. The charterers cancelled in accordance surrounding 2020 compliance and urges
An owner will want to resist the inclusion of resources (including videos and practical
careful and early planning.
with the cancelling clause, but also claimed
damages due to owners failing to commence
an ERL/ETA or any other dates that could
be deemed equivalent. However, even in the
FIND OUT MORE http://bit.ly/PreparingFor2020 SANCTIONS TRAPPING FIRMS ‘BETWEEN A exercises) for the participants. Each
If you wish to discuss any of the issues structured training session should take
the approach voyage to the load port. absence of such information there will still be an
obligation to commence the approach voyage
arising out of this case then please get in ROCK AND A HARD PLACE’, DECEMBER 2018 20 to 30 minutes to complete, ensuring that
touch with your usual FD&D contact. Mark Church, Director (FD&D), explains the key points are covered and learned.
‘forthwith’ or ‘within a reasonable period’ of the
difficulties arising for shipping firms due to The first in the series focuses on the
frequent changes and US and EU divergence International Maritime Solid Bulk Cargo
in the sanctions landscape. Code (IMSBC Code) supplementary test
INTERPRETING ‘EN ROUTE’
By Garath Archer for bulk cargoes, otherwise known as the
http://bit.ly/SanctionsDifficulties
Claims Executive (P&I) ‘can test’. The can test is a simple means
of providing the crew with a first alert that
a bulk cargo that is being loaded might be
Differences in interpreting ‘en route’ in MARPOL Annex II can cause confusion NORTH P&I CLUB’S ALAN LO RETIRES AFTER unsafe and liquefy.
on operational discharges as seen recently in the Netherlands and Germany. 23 YEARS WITH THE CLUB, DECEMBER 2018
Hong Kong Director, Alan Lo, retired from
Under MARPOL Annex II, noxious liquid
substances may be discharged if, amongst
with MARPOL Annex II. These operational
discharges took place in the North Sea but as THE GERMAN INTERPRETATION North at the end of November. FIND OUT MORE
other things and subject to the approved the vessels were Dutch flagged, matters were There remains ambiguity in Germany. Recent http://bit.ly/AlanLo The Can Test training pack will be
categorisation of the liquid in question, the addressed within that jurisdiction. advice given to North by German lawyers was
that the local courts are led by the general
available to download from
vessel is proceeding en route at a speed of The Dutch Public Prosecutor took the view www.nepia.com/insights/cantest
at least 7 knots in the case of self-propelled principle that the goal of MARPOL is to protect
that the shipowners were criminally liable as
vessels (at least 4 knots in the case of ships the marine environment so far as possible.
they were not “en route” when discharging
which are not self-propelled). Although MARPOL Annex II is implemented
noxious substances. The case went to the
RESIDENTIAL TRAINING COURSE 2019
into German law, their domestic laws tend
En route is defined in the current form of Annex Dutch Supreme Court who found that “en
to take precedence where they differ from
II, Reg 1.6 as: route” means that the ship shall be underway
the convention. For example, the German
“the ship is under way at sea and on course or and sailing at or above the speed mentioned
See-Umweltverhaltensverordnung regulation
courses, including deviation from the shortest in the regulations. Therefore a ship may sail
provides that a vessel is not en route if it
direct route, which as far as practicable for from a port, or deviate, for the sole purpose Registration for North’s industry-renowned
undertakes a voyage for the sole purpose of
navigational purposes, will cause any discharge
to be spread over as great an area of the sea
discharging noxious substances, provided the
other requirements of MARPOL have been met.
discharging noxious substances. As a result,
a vessel sailing to or from a German port or
annual residential training course in P&I
insurance is now open. JUNE 2019
as is reasonable and practicable.” The court further reinforced the point by deviating on passage to a German port for the Running for over 25 years, this unique course
7-14
So, how is this viewed in different jurisdictions? concluding that the intention of the definition sole purpose of discharging washings is not offers specialist training in all aspects of P&I
of “en route” in MARPOL is to “spread the en route and the vessel’s Master and Chief insurance and this year the course will run in
THE DUTCH VIEW discharge over as a large an area of the sea
as practicable” which would not necessarily
Engineer will be liable to prosecution. the UK from 7-14 June 2019.
In the Netherlands, a case concerned vessels More information on course topics and
be met should the ship be denied the option
that had either deviated in their course of
direct sailing or sailed directly to and from the
to deviate, nor would it allow for compliance FIND OUT MORE to download a brochure, visit
www.nepia.com/RTC or contact
with the 12 mile off and deep sea route Should you find yourself unsure how to
same port for the purposes of discharging rod.maclennan@nepia.com
requirements. proceed in similar circumstances, speak to
tank washings in perceived compliance
your usual contacts at North.
14 WINTER 2019 • ISSUE:114 • LEGAL WINTER 2019 • ISSUE:114 • NORTH IN THE NEWS / LOSS PREVENTION 15
You can also read
