Signals - Issue 79 - · PDF file · 2014-11-06SIGNALS NEWSLETTER...

12
PEOPLE LEGAL SHIPS CARGO NEWS Page 2-3 Page 5-8 Page 8-9 Page 10-11 INSIDE: Page 4 LOSS PREVENTION Page 12 Ensuring healthy crews A healthy crew helps to ensure safe operation of a vessel. It is therefore important to ensure that all seafarers considered for employment are in good health with no existing medical conditions for which immediate treatment may not be possible at sea. Two of the largest groups of seafarers are from the Philippines and Ukraine. North recommends that seafarers from these areas undergo enhanced pre-employment medical screening before being accepted for employment. To assist with this, the Club recommends a number of clinics in the Philippines and Ukraine which are regularly audited to ensure they continue to meet the required standards. See page 2 for full story. Know your navigation limits Ships are generally insured for hull and machinery risks on the basis of trading limits defined by reference to International Navigating Limits. It may have gone unnoticed by some parties that these replaced the older Institute Warranty Limits in 2003. Some charterparties still refer to these out-of-date navigation limits, which could give rise to disputes under the charterparty. See page 4 for full story. Maintaining hatch covers Proper maintenance of hatch covers is essential if they are to be operated efficiently and kept weathertight. However, hatch covers can be complex pieces of equipment and maintenance and adjustment requires knowledge and experience. North has already published a loss-prevention guide Hatch Cover Maintenance and Operation – as well as a loss-prevention briefing to assist seafarers with this task. To provide further help, a laminated help sheet is included with this issue of Signals. The aim is that the sheet will be readily available for use on deck and provide a guide to inspection. This would help identify problems before they become a serious threat and alert the maintenance team to intervene as soon as possible. It also provides an illustrated guide to common problems associated with sealing arrangements. A copy of the new help sheet – Hatch Cover Hot Spots – is enclosed with this issue of Signals for appropriate Members and entered ships. Members can also view or download the loss prevention briefing – Hatch Covers – from the Club’s website: www.nepia.com/loss-prevention /publications-and-guides/loss-prevention-briefings/ Residential training course North’s popular annual residential course in P&I insurance and loss prevention will take place in June 2010. At the time of publication the course was almost full and Members wishing to attend should therefore contact the Club as soon as possible. Full details and a brochure are available from the Club’s website: www.nepia.com/loss-prevention /education-and-training/residential-training- course.php Planning for safe navigation Two aspects of planning for safe navigation are looked at in this issue. One relates to voyage planning and, in particular, stresses the importance of planning and monitoring when under pilotage where the navigational risks are significantly increased. The other aspect examined is anchoring, where the importance of planning is also examined, as well as application of regulations to avoid collision. See pages 6 and 7 for full stories. Effects of ISM Code change Amendments have been made to the International Safety Management (ISM) Code and are due to come into force on 1 July 2010. They may have a significant effect on safety management systems currently in use as they incorporate the concept of risk assessment, and highlight the responsibility of ship operators to ensure that procedures, plans and instructions are established. See page 5 for full story. Safe carriage of cargo Two issues affecting the safe carriage of cargo are considered in this issue. The first is concerned with liquefaction of bulk cargoes, especially iron ore fines, and the importance of obtaining proper documentation before loading commences, and of carrying out appropriate testing of the cargo before and during loading to ensure it is safe to carry. The steps that need to be taken when considering carriage of non-containerised cargo on containerships are also looked at, particularly stowage, securing and stability, when a significant quantity of break-bulk or project cargo is being planned. See pages 8 and 9 for full stories. SIGNALS NEWSLETTER Loss Prevention newsletter for North of England Members ISSUE 79 APRIL 2010

Transcript of Signals - Issue 79 - · PDF file · 2014-11-06SIGNALS NEWSLETTER...

Page 1: Signals - Issue 79 - · PDF file · 2014-11-06SIGNALS NEWSLETTER LossPreventionnewsletterforNorthofEnglandMembers ISSUE79APRIL2010. 2 PEOPLE Newrequirementsforaccommodationladdersandgangways

PEOPLE LEGAL SHIPS CARGO NEWS

Page 2-3 Page 5-8 Page 8-9 Page 10-11INSIDE: Page 4

LOSSPREVENTION

Page 12

Ensuringhealthy crewsAhealthy crew helps to ensure safe operation ofa vessel. It is therefore important to ensure thatall seafarers considered for employment are ingood health with no existing medical conditionsfor which immediate treatment may not bepossible at sea. Two of the largest groups ofseafarers are from the Philippines and Ukraine.North recommends that seafarers from theseareas undergo enhanced pre-employment medicalscreening before being accepted for employment.To assist with this, the Club recommends a numberof clinics in the Philippines and Ukraine which areregularly audited to ensure they continue to meetthe required standards.

See page 2 for full story.

Know yournavigation limitsShips are generally insured for hull and machineryrisks on the basis of trading limits defined byreference to International Navigating Limits. Itmay have gone unnoticed by some parties thatthese replaced the older Institute Warranty Limitsin 2003. Some charterparties still refer to theseout-of-date navigation limits, which could giverise to disputes under the charterparty.

See page 4 for full story.

Maintaining hatch coversProper maintenance of hatch covers is essential ifthey are to be operated efficiently and keptweathertight. However, hatch covers can becomplex pieces of equipment and maintenance andadjustment requires knowledge and experience.North has already published a loss-prevention guide– Hatch CoverMaintenance andOperation – as wellas a loss-prevention briefing to assist seafarers withthis task. To provide further help, a laminated helpsheet is included with this issue of Signals. The aimis that the sheet will be readily available for use ondeck and provide a guide to inspection. This wouldhelp identify problems before they become a seriousthreat and alert the maintenance team to interveneas soon as possible. It also provides an illustratedguide to common problems associated with sealingarrangements.

A copy of the new help sheet – Hatch CoverHot Spots – is enclosed with this issue of Signalsfor appropriateMembers and entered ships.

Members can also view or download the lossprevention briefing – Hatch Covers – from theClub’s website: www.nepia.com/loss-prevention/publications-and-guides/loss-prevention-briefings/

Residentialtraining courseNorth’s popular annual residential course in P&Iinsurance and loss preventionwill take place in June2010. At the time of publication the course wasalmost full and Members wishing to attend shouldtherefore contact the Club as soon as possible.

Full details and a brochure are available from theClub’s website: www.nepia.com/loss-prevention/education-and-training/residential-training-course.php

Planning for safenavigationTwo aspects of planning for safe navigation arelooked at in this issue. One relates to voyageplanning and, in particular, stresses the importanceof planning and monitoring when under pilotagewhere the navigational risks are significantlyincreased. The other aspect examined is anchoring,where the importance of planning is alsoexamined, as well as application of regulations toavoid collision.

See pages 6 and 7 for full stories.

Effects of ISMCode changeAmendments have been made to the InternationalSafety Management (ISM) Code and are due tocome into force on 1 July 2010. They may have asignificant effect on safety management systemscurrently in use as they incorporate the concept ofrisk assessment, and highlight the responsibilityof ship operators to ensure that procedures, plansand instructions are established.

See page 5 for full story.

Safe carriage of cargoTwo issues affecting the safe carriage of cargo areconsidered in this issue. The first is concernedwith liquefaction of bulk cargoes, especially ironore fines, and the importance of obtaining properdocumentation before loading commences, andof carrying out appropriate testing of thecargo before and during loading to ensure it issafe to carry. The steps that need to be takenwhen considering carriage of non-containerisedcargo on containerships are also looked at,particularly stowage, securing and stability,when a significant quantity of break-bulk orproject cargo is being planned.

See pages 8 and 9 for full stories.

SIGNALSNEWSLETTER

Loss Prevention newsletter for North of England Members ISSUE 79 APRIL 2010

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2 PEOPLE

New requirements for accommodation ladders and gangwaysThe International Convention for the Safety of Lifeat Sea (SOLAS) chapter II-1, regulations 3 to 9,require means of embarkation and disembarkationon ships constructed after 1 January 2010 to bemanufactured, installed, inspected and maintainedin accordance with guidelines provided inInternational Maritime Organization (IMO) circularMSC.1/Circ.1331.

Accommodation ladders and gangways usedfor embarkation and disembarkation are requiredto meet applicable international standards, such asISO 5488:1979 Shipbuilding – accommodationladders, ISO 7061:1993 Shipbuilding – aluminiumshore gangways for seagoing vessels, and/ornational standards or other requirementsrecognised by the ship’s flag state administration.

Accommodation ladders and gangways fitted onships constructed before 1 January 2010, which arereplaced after that date must, so far as is reasonable,also comply with the guidelines contained inMSC.1/Circ.1331.

Location and lightingThe guidelines stipulate that, as far as practicable,means of embarkation and disembarkation shouldbe sited clear of working areas and should not beplaced where cargo or other suspended loads maypass overhead. Lighting should be provided toilluminate the means of embarkation, the positionon deck where people embark or disembark and thearea where ladder controls are situated.

The structure of accommodation ladders,gangways and their fittings/attachments shouldfacilitate regular inspection and maintenance of allparts and, if necessary, lubrication of pivot pinswhere provided.

Accommodation ladders and gangways, includingassociated winch and fittings, should be maintainedand inspected at appropriate intervals as required bySOLAS chapter III, regulation 20.7, in accordancewith manufacturers’ instructions.

Winches and wiresThe construction and test of accommodation ladderwinches should be in accordance with applicableinternational standards such as ISO 7364:1983Shipbuilding and marine structures – deckmachinery – accommodation ladderwinches.

All wires used to support the means of embarkationand disembarkationmust bemaintained as specifiedin SOLAS chapter III, regulation 20.4, for lifesavinglaunching appliances. This will require monthlyinspections (with special regard for areas passingthrough sheaves) recorded in the log book and wirerenewal when necessary, or at intervals of not morethan five years, whichever is earlier.

Class surveysClassification societies will initiate inspections aspart of cargo ship safety equipment and passengership safety surveys as and when authorised by ships’flag state administrations.

IMO circular MSC.1/Circ.1331 also provides detailsof examination and operational tests during surveysrequired by SOLAS chapter I, regulations 7 and 8.

Although only applicable to new vessels andreplacement installations, inspection andmaintenance criteria contained in IMO circularMSC.1/Circ.1331 may benefit planned maintenanceprocedures for existing ships’ means of access.

Ensuringmedical careafter repatriationThe Club is continuing its efforts to assure doctorsin countries where crew members have beendisembarked for emergency medical treatment thatgood ongoing treatment is available back home. Theaim is to avoid unnecessary delays in obtaining adoctor’s consent to repatriation, even when a crewmember is otherwise sufficiently fit to fly home.

While seafarers should not be discharged from aforeign hospital early, the Club believes they willbenefit from returning home as soon as they are able –provided suitable medical care is available. Languagedifficulties will be removed and it will be easier forfamilymembers to visit, both ofwhich aid recovery.

As many seafarers originate from the Philippines,North of England regularly liaises with suitablehospitals in Manila. These can provide high-qualityfacilities, including state of the art equipment such asa positron emission tomography (PET) scanner, forcaring for seafarers after repatriation. Doctors,nurses and other specialist staff in such hospitals alsohave experience of the maritime industry as well asappropriate knowledge of rehabilitation care.

Pre-employmentmedicals increaseOver10,000examinationswerecarriedoutunderNorth’senhanced pre-employment medical examinationschemes in the Philippines and Ukraine in 2009,which is a significant increase over previous years.

Diabetes, heart disease, hepatitis, hypertension andobesity were the principal overall causes of would-be crewmembers being found unfit for sea, as wellas gallstone, kidney and liver problems and drugaddiction. Another common failure was dentalproblems, which had to be rectified before a seafarercould be declared fit.

The screening schemes are designed to help preventseafarers falling dangerously ill at sea as well asreduce the number of costly illness claims. AllMembers that employ Filipino or Ukrainian officersand crew are urged to participate in the schemes, ifnecessary in cooperationwith theirmanning agents.

Philippines clinics – still going strongTheClub currently uses four clinics inManila –HalcyonMarine Healthcare Services, Maritime Medical andLaboratory Clinic (MMC), SM Lazo Medical ClinicInc and Supercare Medical Services Inc. There arealso two clinics on the island of Cebu – PhysiciansDiagnostic Services and SupercareMedical Services.

A significant number of Members have joinedthe scheme since it started in 2002, andthey all report back on its effectiveness. The Clubcontinues, with the assistance of MedicalRescue International, to undertake a thoroughaudit of each clinic annually. The most recent auditin November 2009 was a great success, withall clinics continuing to meet the requiredhigh standards.

Ukraine clinics – proving their worthDue to an increased number of illness claims fromUkrainian seafarers, North introduced its secondscreening scheme in Odessa in 2007. This has beenrunning successfully ever since, using the samethree clinics initially selected – Medical CentreZdorovye (know as Medical Centre ‘Health’),Medical Centre ‘ArchiMed-T’ and Medical Centre‘Academmarine’.

The Club constantly monitors the scheme and,as in the Philippines, carries out annual auditsof the clinics involved. Member participation isalso monitored to evaluate ongoing needsand whether to expand the scheme into other areasof the Ukraine.PET scanner

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Improving internetaccess at sea

3PEOPLE

Strokes – theimportance oftaking action FASTA stroke is a brain attack and happens when theblood supply to the brain is disrupted, mostcommonly from a blood clot. Prompt action canprevent further damage to the brain, whereasdelay can result in death or major long-termdisabilities – such as paralysis, severe memory lossand communication problems.

When at sea it is particularly difficult to receiveimmediate and specialist treatment. This makes anearly diagnosis all the more important, enablingradio medical advice to be sought immediatelyand arrangements put in place for urgentdisembarkation.

FAST symptomsThe acronym FAST provides an easy way toremind ships’ crews how to assess three specificsymptoms of a stroke and the action to take.

It could be that the patient is suffering a transientischaemic attack (TIA) or ‘mini-stroke’. This issimilar to a full stroke but symptoms last just afew minutes, or perhaps a few hours, and havecompletely disappeared within 24 hours. However,a suspected TIA should never be ignored as it maylead to a major stroke, and again immediate radiomedical advice should be sought.

There can be no doubt that the working environmenton board has changed significantly in recent years,and there will always be opposing viewswhether thischange has been for the better or not. However, onething that has not changed is the potential for timeon board to be a lonely experience for seafarers.Improving internet access can have significantbenefits for morale and crew wellbeing if they aremanaged appropriately.

Maintaining social linksThe current development and popularity of socialnetworking websites is playing an increasinglyimportant role in many areas of life on board shipjust as it is ashore. More and more young seafarersexpect to have the same or similar access to theinternet during their time at sea as they do whenthey are at home.

North is a strong supporter of initiatives thatimprove the wellbeing of seafarers and recognisesthe contribution good communication links withfamily and friends can have in achieving this goal.This view was endorsed recently at a meeting of ayoung seafarers focus group hosted by theInternational Association of Independent TankerOwners and the International Transport Workers'Federation in London. Twenty delegates from sevendifferent nations identified living conditions onboard, and the quality and cost of communicationwith family, as two of their main issues of concernwhen considering a career at sea.

Many companies have, for some time, struggled withcrew retention issues – this is undoubtedly acomplex matter with no ‘quick fix’ solution.However, as identified by delegates from thefocus group, improved personal communicationfacilities help.

Professional developmentCrew retention can also benefit from investmentin staff development and support. Continuousprofessional development programmes tailoredto the individual can improve a seafarer’s senseof company loyalty and provide a mechanismto nurture prospective candidates for futurepromotion within the organisation.

Officer training programmes have evolved in therecent past and now consist of increasingly complexvocational training portfolios that rely on asignificant amount of on-board training andsupervision. More accessible communication linkswith training providers undoubtedly benefitmentors and students alike.

Technical and legal issuesTechnical issues associated with the ability todownload large amounts of data at ratescomparable to those experienced ashore may, forthe time being, be cost-prohibitive for manyoperators. It is hoped that in time costs will becomemore reasonable as system development andavailability improve.

However, to satisfy expectations and utiliseincreasingly sophisticated and, perhaps moreimportantly, immediate methods of communicationrequires an undertaking by owners, managers andseafarers alike to address a number of social andlegal issues if it is to be used responsibly. Suitablyworded terms of use and contracts of employmentare required to ensure that benefits can be enjoyedby all while maintaining the rights of the individualand employer.

The need to monitor material downloaded andstored on ship servers and crew personal computersis an issue that can have significant legalimplications for crew members and ship operators.As vessels move from one jurisdiction to another thenature of material can, and has, come underthe scrutiny of port officials. On occasionswhen material has been considered inappropriate,vessels have been detained and crew arrested.

It is true that there are a number of important issuesthat must be addressed to ensure that thedevelopment of more widely accessible means ofcommunication on board can be progressed to themutual benefit of all. Careful planning andcooperation between those involved is essential forthe successful development of any new technologyif it is to work effectively.

The P&I cover provided for Members includesliabilities arising from seafarers’ terms ofemployment, but only where these have beenpreviously approved by the Club.

Members should thus ensure that copies of anycrew contracts not yet submitted are forwardedto North as soon as possible. If any such contractsare due for review, the Club will be happy to assistMembers in the drafting process.

Crew employmentcontracts –a reminder

Facial weaknessCan the person smile?Has their mouth or eye drooped?

Arm weaknessCan the person raise both arms?

Speech problemsCan the person speak clearly andunderstand what you say?

TimeTime to obtain urgent radiomedical advice.

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InternationalNavigation LimitsIt has long been common for time charterparties todefine the limits within which the charterer isentitled to trade the ship. Until 2003 this was byreference to the Institute Warranty Limits (IWL) –such as, ‘always within IWL’.

However, it seems to have gone largely unnoticedthat on 1 November 2003, IWL were replacedby new International Navigating Conditions /International Navigating Limits (INL). These wereproduced by the joint hull committee of theLloyd’s Market Association and the InternationalUnderwriting Association of London, and theyupdated and revised the old IWL. Apart fromre-arranging the relevant areas, some of them wereredefined or more precisely defined, and new areaswere added. Unfortunately many charterparties stillrefer to IWL.

As ships are now generally insured for hull andmachinery risks on the basis of INL, it is importantthey are fixed under charterparties that refer to INL.If trading limits are still defined by reference to IWL,there is a danger that under the terms of the

charterparty a charterer could order the ship to goto a place that did not fall within the exclusionscontained in IWL but which is now excluded by INL.

Risk of uninsured lossAn owner could then find itself in the position ofbeing contractually bound to go to somewhere forwhich cover is excluded by hull and machineryinsurance. If the ship suffers damage as a result, andif there is otherwise no breach of contract on thepart of the charterer, the owner could suffer anuninsured loss.

What is more, an owner would not necessarily beentitled to refuse to go to a place as ordered bycharterer that is outside INL if the charterpartyrefers to IWL and the place in question is not outsideIWL. In such circumstances a refusal to do so couldamount to a breach of contract and expose theowner to a claim for damages.

The Club recommends that if Members are in anydoubt about the extent of their hull and machinerycover, they should speak to their brokers or insurers.

US ruleBdecisionchallengedAs reported in Signals 78, the US Second CircuitCourt of Appeals sitting in New York decided inOctober 2009 that US dollar electronic transfer offunds (ETF) passing through the banking system inNew York could not be attached as security formaritime claims under rule B of the US FederalRules of Civil Procedure.

Shipping Corporation of India (SCI) recently filed apetition to the US Supreme Court seeking tooverturn the decision, primarily on the grounds thatthe appeal court erred in considering the issue whenit had not been raised or briefed by either party tothe appeal. Specifically, SCI states that under the USconstitution, maritime claims are governed byfederal law and not state law. The appeal court’sreliance on New York state law in determiningwhether a party has a proprietary interest in an ETFis therefore wrong and, instead, should be viewed inthe light of federal law, which recognises an interestin intangibles such as ETFs.

The Supreme Court will consider the petition and, ifa sufficient number of the justices agree to grantthe required writ of certiorari, then further briefingwill be filed by both parties followed by an oralargument before the full court. On the other hand, ifthe justices do not grant the writ, then the appealprocess will be concluded and the Second Circuit’sdecision will remain as binding precedent for thefederal courts in New York.

Further reports on the case will be given in futureissues of Signals.

4 LEGAL

North’s posters are regularly sent to ships enteredwith the Club. This photograph shows an innovativeuse of a poster on oilywater separator equipment.

Posters in use

BIMCO stowaways clause fortime charterparties 2009(a) If stowaways have gained access to the

Vessel by means of secreting away inthe goods and/or containers or by anyother means related to the cargooperation, this shall amount to breach ofcharter. The Charterers shall be liable forthe consequences of such breach and holdthe Owners harmless and keep themindemnified against all claims; costs(including but not limited to victuallingcosts for stowaways whilst on board andrepatriation); losses; and fines or penalties,which may arise and be made againstthem. The Charterers shall, if required,place theOwners in funds to put up for bailor other security. The Vessel shall remainon hire for any time lost as a result ofsuch breach.

(b) Save for those stowaways referred to insub-clause (a), if stowaways have gainedaccess to the Vessel, all expenses includingfines or penalties, shall be for the Owners’account and the Vessel shall be off hire forany time lost.

New stowaway clauseclarifies responsibilityBIMCO has recently published an updated stowawayclause for time charterparties. The clause isconsiderably shorter and simpler than the previousversion, and clearly divides the responsibility forstowaways between owners and charterers.

The changes are intended to resolve previousdifficulties experienced in clarifying who isresponsible for stowaway costs, which often led todisputes between owners and charterers. It is alsointended that the indemnity provision will dealwith the consequences of deviation, by clearlyapportioning this between the two partiesdepending on how stowaways boarded the vessel.

In practice ship operators are responsible in the firstinstance for paying the ever-increasing stowaway-related costs, which include the instruction oflocal correspondents, port fines, security issues,maintenance and ultimately actual repatriation. Thenew clause is designed to make it easier for ownersand charterers to reach an agreement on how costsshould ultimately be apportioned, depending on howthe stowaways gained access to the vessel.

In particular, the due diligence requirement in the oldclause has been removed and replaced by a strictliability. Should stowaways gain access to a vesselthrough cargo operations, this amounts to a breach ofcharter by the charterer, irrespective of whether thecharterer exercised duediligence to avoid the problem.

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5SHIPS

ISMCode changesdemand risk assessmentAmendments to the International SafetyManagement (ISM) Code contained in InternationalMaritime Organization resolution MSC.273(85),adopted in December 2008, are due to come intoforce on 1 July 2010. The amendments may have asignificant effect on many safety managementsystems (SMS) currently in use in that theyincorporate the concept of risk assessment.

The existing code requires risks to be identified andsafeguards established. The amended code willrequire that risks to ships, people and theenvironment will have to be identified, assessed andhave appropriate safeguards put in place. Theprincipal changes to the ISM Code are summarisedin the table below.

The new requirements are more onerous as it wouldseem they will require a formal risk assessmentof the identified risks, together with relatedcontrol measures, to be in place for each of theidentified risks. Although many SMS alreadycontain such risk assessments, others may not. Ineffect the new code seeks to shift each and everySMS towards a more proactive approach to hazardidentification and control.

Members who have not already done so shouldcontact their flag state administration and/orrecognised organisation for advice on incorporatingthe amendments in time for the 1 July 2010.

ISM Code 2008 amendments

In section 1.2.2.2, ‘establish safeguards against all identified risks’ is replaced by, ‘assess all identified risks to its ships,personnel and the environment and establish appropriate safeguards’.

The concept of risk assessment is incorporated into the code by this change. In effect risk assessment has becomemandatory for all vessels required to comply with the ISM Code.

Objective1.2

Each SMS, if it does not already do so, will have to include a defined period acceptable to the ship’s flag stateadministration or its recognised organisation for the master’s review of the SMS and reporting of deficiencies.

Master’s responsibilityand authority

5.1.5

The existing paragraph, ‘The Company should establish procedures for the preparation of plans and instructions, includingchecklist as appropriate, for key shipboard operations concerning the safety of the ship and the prevention of pollution.The various tasks involved should be defined and assigned to qualified personnel’ is replaced by ‘The Company shouldestablish procedures, plans and instructions, including checklists as appropriate, for key shipboard operations concerningthe safety of the personnel, ship and protection of the environment. The various tasks should be defined and assigned toqualified personnel’. This change is in line with the wording change under section 1.2.

This amendment highlights the obligation on the company to ensure that procedures, plans and instructions for keyshipboard operations are in place.

Shipboardoperations

7

The existing paragraph, ‘The Company should establish procedures to identify, describe and respond to potential emergencyshipboard situations’ is replaced by, ‘The Company should identify potential emergency shipboard situations, and establishprocedures to respond to them’.

This change reflects the adoption of risk assessment into the code. Potential emergencies must now be identified, evaluatedand have procedures developed by the company that deal with the potential emergency.

8.1

The wording is amended to, ‘The Company should establish procedures for the implementation of corrective action,including measures intended to prevent recurrence.’

This change makes it a requirement that preventative measures are put in place. Previously only procedures forcorrective action were required.

Reports and analysisof non-conformities,accidents andhazardous occurrences

9.2

The wording is amended to, ‘The Company should identify equipment and technical systems the sudden operational failureof which may result in hazardous situations’.

This change makes it a requirement that such equipment is identified by the company. Previously only procedures foridentification were required.

Maintenance of theship and equipment

10.3

In section 12.2 the wording is amended to. ‘The Company should periodically evaluate the effectiveness of the SMS inaccordance with procedures established by the Company’.

The word ‘efficiency’ is replaced by ‘effectiveness’, which seems to imply that the vessel management should be assessedagainst the SMS documentation in order to ensure that vessel operation is being managed effectively.

Company verification,review and evaluation

12

New paragraphs are introduced in this section that provide clarification on renewal dates and extensions.Certification andperiodical verification

13

ChangesTitleSection

Emergencypreparedness

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6 SHIPS

Anchoring and the rules of the roadAn increasing number of claims are being notifiedfrom vessels at the overcrowded anchorages at theworld’s maritime crossroads. However, while theclaims are clearly linked to congestion, there alsoappears to be a lack of familiarity with anchoringtechniques and uncertainty over the rules governingthe conduct of vessels at anchor.

This article summarises the primary rules that apply toships at anchor and highlights factors that should betaken into account by masters and deck officers whencoming to, remaining at and leaving a busy anchorage.

COLREGSThe International Regulations for PreventingCollisions at Sea (COLREGS) apply to all vessels onthe high seas and connected waters – which includeanchorages. The COLREGS do not havemany specificrules for ships at anchor; instead they rely on rule 2on responsibility, which requires all mariners tocomply with the ‘ordinary practice of seamen’ and‘the special circumstances of the case’.

Over many years this basic rule has been expandedby a number of legal decisions and it is interesting tonote that, while interpretation of manoeuvringunder COLREGS has beenmademore complex by thegreatly increased sophistication of navigationalaids, the rules relating to anchorages remain firmlygrounded in commonsense.

Most of COLREGS apply to ships that are ‘underway’,which rule 3 (i) defines as, ‘not at anchor ormade fastto the shore’. This means a vessel is underway unlessit is properly anchored, moored to a buoy or aground.

A vessel weighing or dropping anchor, or dragging ormanoeuvring around its anchor, is also ‘underway’and must keep clear of a vessel at anchor.

Anchoring positionA vessel can anchor in any reasonable position aslong as it is not forbidden by local regulations. Inselecting an anchor position a master shouldconsider traffic in the vicinity and keep clear ofnarrow channels and traffic separation schemes. Avessel is permitted to anchor in a fairway unlesslocal regulations forbid it.

When a vessel anchors it must not endanger othervessels navigating close by and it must not giveother anchored ships a foul berth. If a ship needstugs to help it come to anchor (and if tugs areavailable) then it should use them. It must usesufficient cable and should leave enough room forall neighbouring vessels to swing in ordinarycircumstances.

While at anchor a vessel must still comply withCOLREGS. It must show the correct lights and shapesand, in restricted visibility, it must make the correctsound signals. A vessel must keep its engines atappropriate readiness and its gear (such as secondanchor and windlasses) must be available and inworking order. Failure to do any of this may benegligence and a breach of COLREGS.

Dragging anchorSometimes a vessel cannot help dragging anchor butit can and must know when it is dragging.

This means it must always keep a good look outby an appropriately qualified person, which issomeone who can recognise when something isgoing wrong and can do something about it –if only to call the master.

Dragging is prima facie evidence of negligence and,while there are defences of severe weather or otherships dragging nearby, if one ship drags and othersdo not then the dragging ship is likely to be liable forthe consequences.

Actions to avoid the consequence of dragginginclude dropping a second anchor, veering morecable, employing tugs or clearing out of theanchorage altogether. As a last resort, a vessel atanchor is expected to use its wheel and/or engines totry to avoid a collision.

Finally, a vessel cannot require other vessels to shiftanchorage unless they are already in the wrongposition. The rule of the road in this case is ‘last in –first out’.

NewParisMOU inspection regimeThe existing Paris Memorandum of Understandingon Port State Control (Paris MOU) inspection regimewill be replaced by a new inspection regime (NIR) on1 January 2011.

The aim is to refine the targeting of vessels so thatships perceived as poor quality will be subject tomore frequent and in-depth inspections, while thoseregarded as quality ships will be rewarded withfewer inspections.

Ship risk profileParis MOU has developed a ship-risk profilecalculator that will categorise ships as either highrisk ships (HRS), standard risk ships (SRS) or low riskships (LRS). Vessels will then be inspected atintervals associated with their risk category

• HRS - inspection interval 6 months

• SRS - inspection interval 10–12 months

• LRS - inspection interval 24–36 months.

There is a clear benefit to Members for having shipsin the LRS category. The NIR awards points to vesselsbased on ship type, age, flag state and flag stateauditing, performance of flag state recognisedorganisations (RO), whether or not the RO is EUrecognised and the company’s ISM Codeperformance. The vessel port state history in the last36 months is also taken into account.

To find a company’s ISM Code performance, acompany performance calculator uses a matrix todecide company risk based on port state controldetentions and deficiencies. Members should beaware that data gathered by Paris MOU fromFebruary 2009 will be used under the NIR. The ParisMOU is also establishing a new database calledTHETIS, which will receive information primarilythrough SafeSeaNet, a European Communitymaritime information exchange system.

Inspection spiralThere is potential with the NIR for ship operators toenter an inspection spiral. One poor inspection ordetention can lead to another. Indeed one ship in afleet with condition problems can create problemsfor the rest of the fleet.

It is therefore important that Members continuetheir efforts to educate and inform their crews onhow best to properly prepare their vessel for portstate control inspections.

Proposed banning rulesNew proposed banning rules will apply to all vesselsflying flags that are on the ParisMOUblack or grey listif they are detainedmore than twice in 36months.

The first ban will be for a minimum period of threemonths. If a second ban is imposed this will be for a

minimum period of 12 months and any subsequentban will permanently expel a vessel from the ParisMOU. The banning rules are also applicable to anyvessel that jumps a detention or fails to call at anagreed repair yard.

Vessel reporting requirementsThe NIR will also oblige vessels to report theirmovements within the Paris MOU region. From1 January 2011, information must be transmitted forall ships arriving or leaving a port or anchorage.

Ships eligible for an expanded inspection must senda pre-arrival notification in a specified format atleast 72 hours in advance. This information can besent by the ship’s operator, agent or master. Vesselssubject to expanded inspection include anypassenger ship, oil tankers, gas or chemical tankersor bulk carrier older than 12 years old, or any shipwith a high risk profile.

All ships must send a pre-arrival notification in aspecified format at least 24 hours in advance, as wellas report their actual time of arrival or departure, tothe relevant authority.

Members can get an early indication of how theirvessels may be categorised by the NIR by visiting theParis MOU website and calculating both theirindividual vessel risk category and their companyperformance: www.parismou.org/ParisMOU/New+Inspection+Regime/default.aspx

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7SHIPS

The importance of berth-to-berth passage planning

Many watchkeepers wrongly breathe a sigh of reliefwhen a pilot reaches the bridge and ‘takes over’. Inreality the pilot’s arrival is a signal that navigationrisks are about to increase significantly, with rocks,buoys, fishing boats, other ships and concretestructures getting a lot closer.

From pilot station to berth, and from berth to pilotstation, bridge-team concentration should be at itshighest level. Apart from keeping a proper look-out,a berth-to-berth passage plan is vital to enable thebridge-team to monitor the master’s orders andpilot’s advice when entering and leaving port.

Rules and regulationsThe International Convention for the Safety of Lifeat Sea (SOLAS) chapter V, regulation 34, requiresthat themaster shall, prior to proceeding to sea, planthe passage taking into account the guidelinesin International Maritime Organization (IMO)resolution A.893 (21). This states in paragraph 3.1that the plan should cover the entire voyage fromberth to berth.

Furthermore, paragraph 5.5 of annex 2 of IMOresolution A.960 – Recommendation on operationalprocedures for maritime pilots other than deep-seapilots – states, ‘It should be clearly understood thatany passage plan is a basic indication of preferredintention and both the pilot and the master shouldbe prepared to depart from it when circumstances sodictate’.

Keep it simpleNorth recommends that the voyage or passage planshould include a basic indication of the intendedpassage from pilot station to berth and berth to pilotstation. The minimum requirement would simply beto mark pilotage courses on the chart from the pilotstation up to the vicinity of the berth and back tothe pilot station. The berth is the intended areaof the port where the ship will berth – the actualberth will be discussed during the master-pilotinformation exchange.

As a basic indication, the courses and theirreciprocals can be marked in the appropriate part ofthe channel or fairway. This allows the master andthe bridge team to monitor the pilot’s adviceregarding courses and helm orders.

Record ship’s positionCourt cases still place significant emphasis oncontemporaneous evidence, for example, in the formof pencil positions on paper charts recorded at thetime rather than reconstructed after the event.In a recent case (Kamal v Ariela [2007] EWHC 2434),the judge indicted that the single piece ofcontemporaneous evidence was a handwrittenrecord of differential global positioning system(DGPS) coordinates – all other positions wereobtained by reconstruction – and promptly foundthe other ship entirely to blame.

Watchkeepers should confirm what the safetymanagement system says about position fixing andthe need to cross-check one method with another.They should be wary of using GPS (including DGPS)as a sole method of position fixing during pilotage.Visual fixing and radar ranges should be used andvisual navigational aids (including but not limited tobuoys, beacons, leading marks and lights, piers, andbreakwaters) should be recorded.

For example, simple records of times visually passingbetween sets of buoys will provide evidence of ship’sspeed and of keeping a proper look out. Not only isthis ordinary good navigation and seamanship but,as recent tests have shown, GPS signals are actuallyvery weak and very susceptible to jamming orinterference. It would be worth checking if a ship’selectronic chart display and information system(ECDIS) can automatically switch to enhanced longrange navigation (eLORAN) if the GPS signal is lost.

Watchkeepers should not forget that the single mostadvanced aid to safe navigation is their eyes. Theyshould look out of the window and visually confirmthe information from other aids to navigation.

Including more informationWatchkeepers also need to be aware of all thewritten navigation warnings and symbols already onthe charts.

Also, if the ship has been to the port on previousoccasions, watchkeepers should not forget toinclude information gathered during previouspilotages. For example, simple wheel over positionscan be recorded and reproduced for critical turns.

General guidelines forvoyage planningAnnex to IMO resolutionA.983(21), section 3.2.2.The main elements to ensure safety of life atsea, safety and efficiency of navigation, andprotection of the marine environment duringthe intended voyage or passage; such elementsshould include, but not be limited to:

1) safe speed, having regard to the proximity ofnavigational hazards along the intended routeor track, the manoeuvring characteristics ofthe vessel and its draught in relation to theavailable water depth;

2) necessary speed alterations en route, e.g.,where there may be limitations because ofnight passage, tidal restrictions, or allowancefor the increase of draught due to squat andheel effect when turning;

3)minimum clearance required under the keelin critical areas with restrictedwater depth;

4) positions where a change in machinerystatus is required;

5) course alterationpoints, taking into accountthe vessel's turning circle at the planned speedand any expected effect of tidal streams andcurrents;

6) themethodand frequencyof position fixing,including primary and secondary options, andthe indication of areas where accuracy ofposition fixing is critical and where maximumreliabilitymust be obtained;

7) use of ships' routeing and reporting systemsand vessel traffic services;

8) considerations relating to the protection ofthemarine environment; and

9) contingency plans for alternative action toplace the vessel in deep water or proceed to aport of refuge or safe anchorage in the event ofany emergency necessitating abandonment ofthe plan, taking into account existing shore-based emergency response arrangements andequipment and the nature of the cargo and ofthe emergency itself.

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8 SHIPS CARGO

Carrying break-bulkcargoes on container shipsProject and out-of-gauge cargoes have been shippedin container vessels for many years. By followingproper safety management procedures, best-practice guidelines and relevant regulatoryrequirements, such cargoes can be carried safely oncontainer ships. However, some container-shipoperators are now carrying, or consideringcarrying, cargoes that would normally be shipped asbreak-bulk or bulk in other vessel types – possiblyrequiring structural modification to hold tank topsand bulkheads.

For a ship operator to satisfy its contract of carriageobligations, the vessel must be, ‘fit and safe forreception, carriage and preservation of the cargo’.Should the vessel’s ability be in any doubt, theoperator must ensure the flag state andclassification society are satisfied it is suitable tocarry the intended cargo without modification,or that any alterations required and have beenproperly implemented.

There are a number of factors that should beconsidered when planning the carriage of non-containerised cargoes, including the following.

Cargo stowage and securingEnsuring cargo is stowed and secured in accordancewith the ship’s cargo securing manual is of criticalimportance. Adhering to the requirements of themanual, which must be approved by the vessel’s flagstate, is a non-delegable responsibility that restswith the owner.

The manual is referred to in chapter VI, regulation 5,of the International Convention for the Safety of Lifeat Sea (SOLAS) and should include as a minimum theinformation specified in the Code of Safe Practicefor Cargo Stowage and Securing (CSS Code).Chapter 5 of the CSS Code and its annexes outlinethe recommendations for stowage and securing ofnon-standardised cargo.

StabilityA detailed assessment of the effect of non-containerised cargo should be carried out to ensurethat ship’s stability parameters and forces actingon the ship’s normal containerised cargo arewithin specified limits and that cargo securingarrangements are suitable.

In addition, calculations should be carried out toensure the ship’s movement in a seaway is withinsafe operating parameters for the carriage of thenon-containerised cargo, and that the number,disposition and strength of lashings are adequate.

Annex 13 of the CSS Code provides details of theinformation that should be included in the cargosecuring manual and the methods to be used toassess the efficiency of securing arrangements. Thisincludes tables and diagrams showing theaccelerations expected at various locations on theship with a range of applicable metacentric height(GM) values.

Examples of loads acting on typical cargo unitssubject to acceleration should be given, as well asthe angles of roll and GM values above which theforces on the cargo exceed the permissible limit ofthe securing arrangements. Examples of how tocalculate the number and strength of securingdevices required to counteract these forces(including a suitable safety factor) should also bemade available.

The provision of additional lashing equipment tosecure non-containerised cargo may have to beincluded in an amended and approved cargosecuring manual.

Ship’s structureTank-top load limits, thepresenceof corner fittings andthe provision of suitable lashing points may requirealterations in the hold that could involve hot work.Suitable risk assessments will have to be performedand precautions taken in case there is fuel oil inadjacent compartments.

Characteristics of cargoMany cargoes routinely carried in bulk requiremonitoring and ventilation, and may containmoisture levels that are difficult to manage withoutmechanical ventilation. Cargoes susceptible to wetdamage will require careful consideration whenassessing the weathertightness of hatch covers andthe level of care that can be provided within thecargo space. Carriers should pay particular attentionto shippers’ instructions for non-standard cargoes ifdamage claims are to be avoided.

Hatch coversContainerised cargoes are well protected from wetdamage during routine carriage on board. Hatchcovers on container vessels are therefore oftenmaintained to standards of weathertightness inkeeping with classification requirements for load-line certification.

However, the standard of weathertightnessappropriate for a carrier to demonstrate due diligencewhen carrying water-sensitive non-containerisedcargoes may require a precautionary hatch coverinspection that includes a weathertightness test.Ultrasonic testing is North’s preferred method oftesting to determine whether hatch-cover sealingarrangements are suitable for the standard of cargocare required when carrying non-containerisedcargo in container ships.

All bulk carrier operators will be aware of therequirements of the International Convention for theControl andManagement of Ships’ BallastWater andSediments to meet ballast water exchange standardsand to have a ballast water management plan.

As with setting up any procedure, the first stepsshould always include a full risk assessment whichidentifies the hazards and provides control measuresto reduce the risks. These control measures areincluded in the procedure so that – provided peoplefollow the procedures – the task is completed withthe least risk. If the procedure is bypassed the risk ofan accident increases.

In a recent ballasting accident the safe procedure wasbypassed when the crew set about a mid-oceanballast water exchange. The ship was sailing with acargo hold ballasted and, when the pumps werestarted to empty the discharge portwater to replace itwith mid-ocean water, the crew were not instructedto open the hold vents.

Extensive damageWithin minutes the resulting partial vacuum causedthe hatch covers to implode. Luckily no one wasinjured but the damage was extensive andcompromised the weathertight integrity of the ship.Not only were the hatch covers damaged but thehatch coamings were set-in and the deck set-up.Instead of reaching the load port for the nextcharter, the ship had to head for the nearest yard forexpensive repairs.

Any written procedure should incorporate acomprehensive risk assessment. No matter howtedious the procedure seems, or whether a checklistseems unnecessary, or someone thinks they have abetter way of doing the job – the procedure must notbe bypassed. To do so will only increase the risk ofcausing harm to a person or damage to ship or cargo.

The Club suggests that Members consider whethertheir ballast management plans need to be reviewedto avoid the hazards of vacuum or over-pressure.

Bypassed ballastplan causeshatch coversto implode

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9CARGO

The dangers of loadingwet iron ore finesIn late May or June 2010 the south-west monsoonwill again bring its annual deluge to the westernseaboard of the Indian sub-continent. In addition to awelcome cooling effect, the rainswill set a potentiallyfatal trap for unwary ships loading iron ore fines fromwest Indian ports, thus serving as a reminder of thedangers of loading this cargo worldwide.

Any rain falling on open stockpiles of iron ore fines –whether in India or anywhere else in the world – willcause the moisture content to rise to dangerouslyhigh levels. If loaded onto a ship the fines couldliquefy, resulting in a total loss of the vessel and itscrew, or limping into a port of refuge with adangerous angle of list.

Despite the huge safety risk, ships continue to loadsuch cargoes worldwide due to several systematicinadequacies

• intense pressure from shippers and, in somecases, terminals to load cargo as presented

• failure by shippers to produce cargodocumentation required by the InternationalConvention for the Safety of Life at Sea (SOLAS)

• cargo being intentionally mis-described byshippers

• inadequate testing methods by shippers

• absence of an entry in the International MaritimeSolid Bulk Cargoes (IMSBC) Code for iron ore fines

• lack of crew awareness over the potential forliquefaction of iron ore fines.

Avoiding the riskMembers should seek to protect their vessels andcrew from the risk of loading wet iron ore fines – notjust from India but from anywhere in the world. Oneoption is simply to make iron ore fines an excludedcargo under their charterparties. Where this is notan acceptable commercial option, they need toadopt practical measures to protect themselvesfrom shipping cargoes that may liquefy.

A first step is to educate commercial, operations,technical and, most importantly, seagoing staff inthe dangers posed by liquefaction of iron ore finescargo. This should enable all parties to makeinformed decisions both before fixing and when thevessel is fixed to load such cargo. Sections 4, 7 and 8of the IMSBC Code are particularly relevant inrelation to loading iron ore fines.

Where they do not already exist, procedures can bedeveloped and implemented to deal with the loadingof iron ore fines. Some of the typical problems withloading iron ore fines are described in the followingsections and should assist Members whenconsidering their procedures.

Shipper’s cargo declarationIn respect of cargoes with particular hazards, suchas liquefaction, SOLAS is explicit in requiring theshipper to provide masters, or their representatives,with appropriate cargo information sufficiently inadvance of loading to allow the necessaryprecautions for safe carriage to be put into effect. Atypical format for the shipper’s declaration iscontained in section 4.2.3 of the IMSBC Code.

Specifically a certificate of moisture content andtransportable moisture limit (TML) must be suppliedfor cargoes which may liquefy.

Unfortunately there continue to be instances wherethe shipper’s cargo declaration has not beenpresented before loading, where the TML andmoisture content certificates are not included withthe declaration, where moisture content but not theTML is stated, and where the TML and moisturecontent certificates are present but do not appear toreflect the characteristics of the cargo presentedfor loading.

Members can protect their interests by ensuringthat loading does not commence until the shipper’scargo declaration is received. The cargo declarationmust contain both themoisture content of the cargoto be loaded and its TML. These must be present onthe documentation as, without both figures, thesuitability of the cargo for transportation cannot bedetermined. The certificate should not be more than7 days old. The moisture content of the cargo isparticularly susceptible to change due to weatherconditions, and heavy monsoon rains can quicklychange the characteristics of the cargo.

Where the shipper’s declaration is not received, orwhere both the moisture content and TML are notincluded in the certification, the master shouldrefuse to load the vessel and should immediatelynotify the ship operators.

Cargo testingThe shipper is required to test the cargo presentedfor loading, at a laboratory approved by thecompetent authority, using one of the proceduresdescribed in appendix 2 of the IMSBC Code.

By far the most common procedure is the flow tablemethod, but this requires the testing facility to havethe correct equipment and processes and skilled andexperienced staff to determine the flow moisturepoint accurately. If any of these factors is missing,erroneous results may be presented to the vessel bythe shipper.

The crew should also employ a can test (described inIMSBC Code section 8) to check the cargo at regularintervals as it comes aboard.

Crew awarenessAs the shipper’s cargo declaration cannot be reliedupon in all cases, it is essential that mastersand officers remain vigilant throughout theloading process.

However, identification of a liquefying cargo is noteasy as cargo above TML can appear dry and in anormal state. Even where a can test is used and nochange in state is observed, there is no guaranteethe cargo will not liquefy as the test is only a roughindication. Certainly splattering of cargo in the holdduring loading indicates that parcels of it are unsafeto load.

If the cargo fails a can test, splattering is observed orif the master suspects the cargo may be unsuitablefor shipment for any other reason, loading should besuspended immediately and the ship operatorscontacted for advice

Cargo unsuitable for shipmentalready aboardSuspect cargo already onboard should be sampledand tested by an independent laboratory and, iffound beyond its TML, discharged. This soundssimple but unfortunately experience has shown thatonce a vessel has loaded wet iron ore fines, it canbe problematic to unload. A loaded cargo is regardedas being exported by the customs and exciseauthority, and this immediately creates bureaucraticdifficulties for unloading. Combined withcommercial reluctance on the part of the shippersand ports to unload and accept an unsuitablecargo, the delays a vessel can experience maybe considerable.

Where cargo liquefies at seaCargo liable to liquefy should be regularly monitoredwhile at sea. Should a loaded cargo liquefy the shipwill be in a perilous situation; the ship operatorsmust be informed immediately and expert advicesought. Members should contact the Club forassistance in these circumstances.

It is imperative in every case that the vessel has fullstability calculations available. These are required tobe carried out prior to departure from the load portand will be relied upon by the vessel, by theMember’s technical department and by expertswhen advising the best course of action if the cargoliquefies. Unfortunately there have been occasionsin the past when full calculations were notundertaken by vessels that then experiencedliquefaction. The absence of this vital baseline datamakes an already serious situation more dangerous.

Once cargo has liquefied the vessel will remain atrisk until it can reach a suitable port of refuge.

Best resultThe best result for a vessel is to identify beforeloading any cargoes that are above TML. As suchNorth recommends that Members employ a suitablyqualified and experienced surveyor when loadingiron ore fines. The surveyor can sample and test thecargo to be loaded before the vessel berths, andassist the master during loading. Members wishingto appoint suitable surveyors to help protect theirinterests can contact the Club for assistance.

North has produced loss prevention briefings onliquefaction and the carriage of iron ore finesand nickel ore. The briefings can be viewedor downloaded from the Club’s website:www.nepia.com/loss-prevention/publications-and-guides/loss-prevention-briefings/

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10 NEWS

From 1 January 2011, amendments to chapter Vof the International Convention for the Safety of Lifeat Sea (SOLAS) will require most ships to have abridge navigational watch alarm system (BNWAS) inoperation whenever the ship is underway at sea.

The International Maritime Organization has beenconcerned by the number of groundings andcollisions where a BNWAS was not fitted or wasswitched off. The purpose of the system is to monitorbridge activity and detect operator disability whichcould lead to such accidents. No reduction inmanning of the bridge is intended and neither is it atool for preventing fatigue.

Many ships already have BNWAS. The main changefrom January 2011 is that the system must activateautomatically whenever the auto-pilot is engagedbut all other modes – manual on/off and changingparameters – must be security protected so thataccess is restricted to the master only.

The International Maritime Organization willconsider adopting amendments to the Standards ofTraining, Certification and Watchkeeping (STCW)Convention at a June 2010 conference in Manila,Philippines. If accepted they will be the firstsignificant changes to the convention since 1995.

The proposed amendments will not only update thetraining of seafarers’ in line with modern practicebut will also help to address some of theinadequacies of the present STCW regime, such ascertification fraud.

The revisions are designed to reflect changes intechnology, the shift towards greener moreenvironmentally-friendly operations, the piracyproblem, the growth in use of vessel traffic services(VTS), and increased regulation of life at seaincluding hours of work, and drug and alcohol issues.

The proposed changes to each STCW Conventionchapter are summarised in the table.

Once ratified, the amendments will requireadministrations, training providers and ship-operators to update their training and employmentpractices inmost areas. To allow time for the changesto be introduced, a transitional period of two yearsfrom the date of ratification has been proposed.

As is usually the case with new legislation, the extratraining requirements and procedural changes will,no doubt, significantly increase the costs of trainingand employing suitably qualified, experiencedpersonnel.

If they have not already done so, Members shouldstart to prepare for the introduction of theamendments through liaison with their flag stateadministrations and training providers.

STCW Code – proposed 2010 amendmentsChapter Title Proposed changes

The main changes to this chapter concern the efforts by administrations tocombat fraudulent seafarers’ certification, changes to the medical standardsrequired and rules for using simulators in training, in particular for electronicchart display and information system (ECDIS) training.

General provisionsI

STCWchanges set for adoption in JuneBridge navigationwatch alarmsystems

P&I clubs in the International Group of P&I Clubshave recently issued several circulars describing inmore detail how the new Chinese pollutionregulations (see Signals 78) require operators toconclude a clean-up contract with a pollutionresponse company approved by the country’sMaritime Safety Agency (MSA).

At the time of publication, response contractprovisions within the Chinese regulations on theprevention and control of marine pollution from shipshave not been finalised.

North understands that development of standardisedresponse contracts is continuing, incorporating thevarious levels of response envisaged in theregulations, along with vetting of companiesexpected to be licensed.

It is expected that the original date of 1 March 2010for operators to pre-contract with an approvedpollution response contractor will not be enforcedand ship operators may have a further period tomake the necessary arrangements in order to ensurecompliance.

In the meantime, Members should continue to workon the basis that the other provisions of theregulations are in force, but are strongly advised notto enter into any contract with a clean-up contractorin China without first checking with the Club.

Further information will be posted on the IndustryNews pages of the Club’s website as it becomesavailable. Members can view and downloadClub circulars from the website: www.nepia.com/publications/clubcirculars/

Chinesepollutionregulations

The amendments include changes to the training, certification and competencestandard regimes for officers and ratings. One of the main changes is therequirement for officers to undergo ECDIS training, examination andassessment. Knowledge of VTS and blind pilotage planning are also included.Ratings will have written competence standards with which to comply.

Master and deckdepartment

II

The amendments include changes to the training, certification andcompetence standard regimes for engineer officers, electrotechnical officersand engine and electrotechnical ratings. Significantly this is the first timethat electrotechnical officers and ratings have been included under STCW.

Enginedepartment

III

The chapter is updated to reflect current regulations, including referenceto the International Aeronautical and Maritime Search and Rescue(IAMSAR) manual.

Radiocommunicationsand radio operators

IV

This chapter introduces a requirement for vessel specific training for personnelon oil, chemical and liquefied gas tankers. Basic training for officers andratings involved in cargo operations on oil and chemical tankers can still begeneric. However, senior officers or anyone else given immediate authority forthe cargo must, in addition to the basic training, have completed approvedadvance training specific to oil or chemical tankers. Basic and advancedtraining requirements specific to liquefied gas tanker personnel will alsobecome a requirement.

Standardsregardingspecial trainingrequirement forpersonnel oncertain typesof ships

V

The biggest change in this chapter is the requirement for seafarers engaged insecurity related duties to undergo an approved training course and training forseafarers to enable them better to cope should their vessel come under attackby pirates. Additionally seafarers will be required to provide evidence everyfive years of having maintained the required competence in survival and firefighting duties.

Emergency,occupational safety,security, medicalcare and survivalfunctions

VI

This chapter deals with the rules for administrations to issue alternativecertification to that laid down in STCW. The main changes bring the chapterinto line with the new provisions for support level functions.

Alternativecertification

VII

This chapter introduces extra provisions to the hours of work regulations tocombat fatigue. It is understood that the draft concerning hours of work couldnot be agreed at the STCW sub-committee stage andwill be voted on at theManila conference. The proposal is for a minimum of 10 hours of rest in any24-hour period; and 77 hours rest in any seven-day period. Also introduced arerules concerning the timing of drills, and the recording of hours of work andrest. Administrations are also required to introduce amaximum blood alcohollevel of 0.05% or 0.25mg/l alcohol on the breath and companies shouldconsider introducing a clearly written policy to prevent drug and alcohol abuse.

Standardsregardingwatchkeeping

VIII

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11NEWS

Ballast water exchangeA new paragraph will be added to InternationalConvention for the Safety of Life at Sea (SOLAS)chapter V, regulation 22, from 1 July 2010 relating tonavigation bridge visibility for periods when ballastwater exchange is taking place. Ballast waterexchange may only be undertaken provided that

• a proper lookout is maintained, taking intoconsideration any increased blind sectors orreduced fields of vision resulting from the operation

• the operation is conducted in accordance withthe ballast water management plan

• the start and finish of the operation are recordedin the log book.

ISM Code amendments1 July 2010will see the introduction of amendments tothe International Safety Management (ISM) Code.These will include requirements for ship owners andoperators to identify equipment and technical systemswhich, if they suddenly failed, could result in ahazardous situation. Owners and operators will also berequired to establish procedures, plans and instructionsfor key shipboard operations rather than justprocedures for preparing such plans and instructions.This includes emergencies, where procedures needto be established on how to respond to situationsrather than just identifying and describing them.

Internal safety audits are to be carried out on boardand ashore at intervals not exceeding 12 months.In exceptional circumstances, this interval maybe exceeded by not more than three months.The periodical evaluation of the safety managementsystem should focus on its effectiveness ratherthan efficiency.

Procedures for implementation of corrective actionunder the safety management system should

include measures to prevent recurrence of reportednon-conformities, accidents andhazardous situations.

See article on page 5 formore details.

MARPOL annex VIIMO resolution MEPC 181(59) – 2009 Guidelines forport state control under MARPOL Annex VI – enterinto force on 1 July 2010. This document is intendedto provide basic guidance on the conduct of portstate control inspections for compliance with therevised annex VI of the International Convention forthe Prevention of Pollution from Ships (MARPOL).It aims to ensure consistency in the conduct ofinspections, the recognition of deficiencies and theapplication of control procedures.

Subjects covered in MEPC 181(59) include annex VIcompliance provisions, procedures to be followed forport state inspections of ships required to carryinternational air pollution prevention (IAPP)certificates, including criteria to determine ‘cleargrounds’ for performing a more detailed inspection.

As well as guidance notes intended to assist portstate officials determine what constitute detainabledeficiencies under the revised annex VI, thedocument also includes a chapter on the inspectionof ships of non-parties to annex VI and other shipsnot required to carry an IAPP certificate.

Another IMO resolution – MEPC 176(58) – notesthat fuel oil quality is still required to be reported bymeans of a bunker delivery note. A sealed and signedrepresentative sample of the delivered fuel oil is to beretainedunder the ship's control for at least 12months.

Port state control officials may require that therepresentative bunker sample be analysed. If a shipis not using compliant fuel oils, it may be requestedto present a record of the actions it has taken toachieve compliance and provide evidence it

attempted to purchase compliant fuel oil. Attemptsto locate alternative sources for such fuel oil have tobe shown. The ship should not be required to deviatefrom its intended voyage to obtain compliant fueloil, but it has to notify its flag state administrationas well as that of the port of destination when nonecan be found.

Installations containing ozone-depleting substances,other than hydro-chlorofluorocarbons, shallbe prohibited on ships flying the flag of aMARPOL annex VI signatory state. This includeschlorofluorocarbons used mainly in air conditioningand refrigeration equipment. Each ship shallmaintain a list of equipment containing ozone-depleting substances and a record book.

NOx Technical Code1 July 2010will see the introductionof the revisedNOxTechnical Code 2008. This includes a new chapter onnitrogen oxides (NOx) regulation of existing (pre-2000) engines established in MARPOL annex VI.It also provides direct measurement and monitoringmethods, a certification procedure for existing enginesand test cycles for tier II and III engines.

When a major conversion as defined in MARPOLannex VI, regulation 13 is made to an engine, aninitial survey has to be conducted and this will resultin the issue of an engine international air pollutionprevention (EIAPP) certificate and an amendmentof the international air pollution prevention(IAPP) certificate.

There has also been a rewording of provisions forNOx emission measurement equipment and data tobe measured; this introduces requirements forestablishing equivalency for alternative systems oranalysers. For new systems the determinationof equivalency shall be based upon the calculationas described in ISO 5725-1 and ISO 5725-2measurement accuracy standards.

IMOupdate

International Maritime Organization (IMO) memberstates voted to adopt the North American emissionscontrol area (NAECA) during the 60th session of theIMO marine environment protection committee inMarch 2010.

NAECA may come into force as early as 2012. Itextends 200 nautical miles from the US and Canadiancoast except where it coincides with waters of otherstates. As with other recognised emissions controlareas, vessels passing through, or calling at a portwithin it, will be required to use compliant fuel toreduce emissions of sulphur and nitrogen oxides.

The US Environmental Protection Agency hasdecided that the International Convention for thePrevention of Pollution from Ships (MARPOL) annexVI emissions standards will apply within NAECA.

NorthAmerican emissionscontrol area approved

North American emission control area

Canada

Hawaii

United States

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‘Signals’ is published byNorth of England P&I Association Limited Baltic PlaceSouth Shore Road Gateshead Tyne &Wear NE8 3BA UKTel: +44 (0)1912325221 Fax: +44 (0)191 261 0540Email: [email protected]: www.nepia.com

12 LOSS PREVENTION

Signals Search 23Questions

1 What might a partial vacuum cause hatch covers to do?

2 Which employment contracts should be approved by the P&I Club?

3 What is the principal risk arising from load iron ore fines with a highmoisture content?

4 What is the acronym for the international regulations that apply tovessels at anchor?

5 What was the acronym for the navigation limits that were replacedby the International Navigating Limits?

6 What is the theme of North’s new poster series?

7 Which MOU is introducing a new inspection regime?

8 Which code amendments come into force in July 2010?

9 What acronym provides an easy reminder of how to assess stroke symptoms?

10 Which new emissions control area has been adopted by the IMOmarineenvironment protection committee?

Your copy of SignalsCopies of this issue of Signals should contain the following enclosures:

Clean Seas poster – Bunkering(Members and entered ships only)

• Help sheet – Hatch Cover Hot Spots –(Members and entered ships only)

Z L B I L E V N C V E H U D G

S G E R L O C L L M C O C Y M

M J D D A T N Q E Y Z Z Z V V

L I Q U E F I C A T I O N I R

H T F U X M S R N T D V Z A W

G A B A P P C Y S L B M M B Y

E S P L R J E W E A R D V N L

W Y O P H O L R A C I J I D R

G D M O Y C I H S E S S C Z N

E S J S U E S W T A M Y A Z Y

F B T W I O A I L N V C K Z U

U Z E Q U I E S R F A S T V C

U R P H A P X M T A G M P M A

C Y B V C T T R F E P W S J P

I K C D V T U G D F R L J Y O

1 Anchors2 IMSBC3 Redelivery4 Flexitanks5 Inflation

6 Proper7 Website8 Remote9 CSM10 Malaria

Answers to Signals Search 22Signals Search No. 22 WinnersWinner:Captain JA Brown,MV ARKLOW RIVER, Arklow Shipping

Runners-up:Captain Nigel Slater,MV VOS LISMORE,Vroon Offshore ServicesCaptain Anand Bhalinge,MV IRBA LNG,Oman Ship Management

• In this publication all references to the masculine gender are for convenience only and are also intended as a reference to the female gender.Unless the contrary is indicated, all articles are written with reference to English Law. However it should be noted that the content of thispublication does not constitute legal advice and should not be construed as such. Members with appropriate cover should contact the Association’sFD&D department for legal advice on particular matters.

• The purpose of the Association’s loss prevention facility is to provide a source of information which is additional to that available to the maritimeindustry from regulatory, advisory, and consultative organisations. Whilst care is taken to ensure the accuracy of any information made available(whether orally or in writing and whether in the nature of guidance, advice, or direction) no warranty of accuracy is given and users of thatinformation are expected to satisfy themselves that the information is relevant and suitable for the purposes to which it is applied. In nocircumstances whatsoever shall the Association be liable to any person whatsoever for any loss or damage whensoever or howsoever arising out ofor in connection with the supply (including negligent supply) or use of information (as described above).

• Signals Search is open to all readers of Signals.

• Send a photocopy of your completed search, alongwith your name and, if appropriate, name of ship,position on board, company and address toDenise Huddleston at the Club.Email: [email protected]

• All correct entries received by the closing date willbe entered in a prize draw.

• Closing date Friday 4 June 2010.

Prizes will be awarded to the first correct entry andtwo runners-up drawn.

Details of the winner and runners-up will appear inthe next edition of Signals.

Clean seas is North of England’s loss preventioninitiative to promote good practice andcompliance with environmental legislation.

Clean seas will require thorough familiarisationtraining for all crew members with operationalresponsibility for bunkering.

Clean seas can only be achieved by preparinga detailed bunkering plan in accordance withthe vessel’s safety management system.

Clean seas demand the close monitoring ofbunkering operations by the chief engineer andstrict control of the loading rate as describedin the bunkering plan.

Clean seas are dependent on goodcommunication in a language understood byall crew members involved in the operation.

Clean seas can only be achieved by adoptinggood working practices on board.

North of England P&I Association Limited The Quayside Newcastle upon Tyne NE1 3DU UKTel: +44 191 232 5221 Fax: +44 191 261 0540 Email: [email protected] Website: www.nepia.com

A high resolution A4 sized copy of this poster can be downloaded from the Association’s website.

BUNKERINGLoss prevention poster series for North of England Members

POSTER ONEwww.nepia.com

CLEAN SEAS

New poster series on pollution risksThe new Clean Seas series of posters will highlight typicalproblems that may be experienced by vessels under each ofthe annexes of the International Convention for thePrevention of Pollution from Ships (MARPOL). The firstposter relates to MARPOL annex I and features anaccidental operational discharge arising during bunkering.The aim of the poster is to remind seafarers of the potentialfor oil spills to occur during bunkering operations.

A copy of the new poster - Clean Seas, Bunkering - isenclosed with this issue of Signals for Members andentered ships. A high resolution version, suitable forprinting, can be viewed or downloaded from the Club’swebsite: www.nepia.com/loss-prevention/publications-and-guides/posters/

DLC certificate

Congratulations to Captain NopphongRatanachaiphornphan (left) of Precious Shippingwho is the highest ever scoring student in thedistance learning course and to Captain HemantMehta (right) who completed the course, withdistinction, in a record time of twomonths.