The Ever Smart and Alexandra I Collision - North P&I Club
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The Ever Smart
and Alexandra I
Collision
The UK Supreme Court
delivered its judgment on the
collision between Ever Smart
and Alexandra I. We look at its
impact on bridge teams.
ALSO IN THIS ISSUE
Sound sampling of grain cargoes
Biofuels enter the sustainable fuel mix
Jewellery in the workplace
...plus much more
ISSUE 123:
SPRING 2021
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ISSUE 123:
SPRING 2021 /
North launches
new edition of
Helpline is provided in
CONTENTS
association with ISWAN
Supporting you at sea
the Mariner’s Role in
For mental health and emotional
wellbeing at sea call our confidential
LOSS PREVENTION CARGO helpline: +44 191 235 3917
Collecting Evidence
or visit: www.mindcall.org
Alvin Forster John Southam Ben Cockshull David Patterson
Handbook
North launches new edition Drill Bits: Abandon Ship! Sound sampling of grain Loose lids and cargo claims
of the Mariner’s Role in Often an abandon ship drill cargoes Conducting tank entries is a
Collecting Evidence is treated as an afterthought An expert Food Scientist at the high-risk activity that requires
Handbook to another drill. But knowing consultancy CWA International, proper planning to ensure it
The second edition of our what to do and when to do explains the importance of is carried out safely. One
industry-renowned guide is it in the event of an abandon correct sampling techniques aspect of the operation that Providing information and
now available along with a resources for the emotional welfare
brand-new interactive checklist
ship situation is a matter of
life and death.
for bulk agricultural cargoes if
these samples are to be used
is easily overlooked is making
sure that the manhole covers
A new edition of the Mariner’s Role in Collecting Evidence of seafarers
generator app. later in defending claims. are properly closed and Handbook is now available along with a brand-new For more information and
secured upon completion. resources, please visit:
interactive evidence checklist generator app. www.mymindmatters.club
SHIPS
The first edition of our industry-renowned
Alvin Forster & Alvin Forster loss prevention guide was made available
to North Members in 2010. The handbook
FIND OUT MORE
David Berkeley
Call for clarity on the has now been revised and updated to Click here to access our loss prevention
Engine failure highlights enforcement of sulphur cap reflect the use modern electronic forms of guides available for sale in hard copy and
dangers of delegating Reports of potential marginal evidence – for example those derived e-book format from Witherbys
maintenance Pre-Employment Medicals
non-compliance highlight from ECDIS – and changes in legislative Seamanship.
The United Kingdom Marine confusion on how authorities requirements, such as pollution laws. For further details regarding our
Accident Investigation Branch North Members can download PEME programmes please contact
will act.
(MAIB) have released their Going digital their free copy of the new edition of Lucy Dixon or Abbie Rudd.
report into the catastrophic the Mariner's Role in Collecting Evidence Email: PEME@nepia.com
David Berkeley Mark Smith At North, we are very aware of the need
main engine failure on the Handbook by logging on
to operate in a sustainable manner, and
The Ever Smart and Alexandra I Collision Biofuels enter the to their MyNorth account at
ro-ro vessel Finlandia Seaways, we are continually looking at how and where
In February 2021, the UK Supreme Court handed down its sustainable fuel mix www.nepia.com/login
bringing attention to the we can improve our environmental
importance of assuring the judgment on the collision between Ever Smart and Achieving the IMO’s goals performance and reduce our carbon
quality of work by third party Alexandra I. We look at its impact on bridge teams. on greenhouse gas footprint.
contractors. emissions will require a shift Evidence checklist app
in how vessels are fuelled This is why we have taken the decision to no
longer send our Members hard copies of our The evidence checklists in the handbook
and propelled.
loss prevention material and this includes have long proven useful to ship operators,
East / West US Coast Ports
the new edition of the Mariner’s Role in seafarers and surveyors when collecting
If you are disembarking crew
LEGAL PEOPLE Collecting Evidence Handbook. Going
forward, Members will be provided with
evidence following an incident. To
improve this data gathering process, for medical treatment, please
we have created an interactive evidence contact First Call – Hudson Tactix
electronic versions of our industry-leading
loss prevention publications. checklist app. on +1 856 342 7500 or email:
Jim Leighton Steven Cockburn Ross Waddell firstcall@hudsontactix.com
In addition to having access to the
Voyage Charter Variation: BIMCO publishes ‘Just in Jewellery in the workplace content contained in the new edition
Mind the Gap Time Arrival Clause for – don’t get caught up South Coast US Ports
of the handbook, users will be able to
Ensure your voyage charter Voyage Charter Parties How an apparently simple If you are disembarking crew for
Lucy Dixon generate a checklist relevant to the incident
addendum expressly covers all 2021' and straightforward incident medical treatment, please contact
in hand. The checklist will be interactive,
additional time and expense BIMCO, in collaboration can have potentially UK seafarers: have you got allowing the checklist to be populated using First Call – Shuman Consulting
involved in performance. with North, has published life-changing consequences. your GHIC? features such as entry of free text and Services on +1 281 486 5511
its 'Just in Time Arrival What happens to UK seafarers uploading of documents and images to the or email: firstcall@scslp.com
Clause 2021'. following Brexit? user’s device. Once the checklist is
populated, the user can send the
information to their selected recipient,
whether it is the shipowner, technical
manager or, in the case of a surveyor, their
client.
Editor: Alvin Forster Contributors: Alvin Forster, Mark Smith, David Berkerley,
Ross Waddell, Lucy Dixon, Jim Leighton, Steven Cockburn, David Patterson, By Alvin Forster
John Southam, Kim Rogerson, Gemma Martin Middis and Ben Mushen. Special Loss Prevention Executive Post Repatriation Medical
thanks to Ben Cockshull from CWA International. Scheme for Filipino Seafarers
Copyright © 2021 The North of England P&I Association Limited.
Photographs: Shutterstock.com and istock
For further details regarding our
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All articles or extracts may be quoted provided that North is credited as the source.
How have we done? Let us know what you think of the latest edition.
‘Signals’ is published by The North of England P&I Association Limited PRM programmes please contact
Contact us at: signals@nepia.com
100 The Quayside, Newcastle Upon Tyne NE1 3DU UK Check our website at: www.nepia.com Lucy Dixon or Abbie Rudd.
Telephone: +44 191 2325221 Email: loss.prevention@nepia.com Insight articles and back issues: Current articles, further information and back
for updates on the release of the app and Email: PRM@nepia.com
www.nepia.com issues of Signals are available online at: www.nepia.com/latest/articles
how to download it.
02 Signals / Issue 123: Spring 2021 / Contents www.nepia.com 03
Drill Bits: Abandon Ship!
Next in our ‘Drill Bits’ series – where we help you get the most out of your
drills - we tackle abandon ship drills.
Often an abandon ship drill is treated as an Show the team the location of nearest If fitted, explain how the oxygen and For free-fall lifeboats, simulated
afterthought to another drill. For example, lifejackets and immersions suits – sprinkler systems work. launching should be carried out in
the main focus will be on the fire drill that everyone should don an immersion suit Show the team where to locate the accordance with the manufacturer’s
precedes it, and afterwards the crew and lifejacket to make sure they can do lifeboat loose equipment. Explain how it instructions.
simply muster donning a lifejacket and this quickly and correctly. works and what it is for, including the Remember to log all tests and lifeboat
then finish. But knowing what to do and Explain to the team how the hydrostatic pyrotechnics. launchings.
when to do it in the event of an abandon release unit (HRU) works on the rafts and Show them the emergency steering,
ship situation is a matter of life and death. how to check it is attached correctly. how to set it up and its operation.
So why should it not be a full and properly Explain the manual launching sequence
formatted drill of its own? Explain how to start the engine, let them
of the rafts. Show the team how to try to start it. If possible (and the cooling
Just as importantly, accidents during locate the instructions, reminding them system allows it), run the engine ahead
lifeboat drills - mostly involving on-load that the SOLAS manual in the messroom and astern.
hook release systems when lowering or is an additional valuable source of
recovering the lifeboat – continue to occur. information. Explain how the lifeboat lowering
mechanism works and where to locate
If the raft launching arrangements are the instructions, reminding the team
As with the other drill articles in this series,
davit-type, or the vessel has a marine that the SOLAS manual in the
we give you the ‘drill bits’ – the different
evacuation system (MES), spend time on messroom is an additional valuable
elements of the drill. This is to make sure
how they work and their use. source of information.
that the crew are familiar with and Debriefing
confident in their actions during a Ask the crew on what equipment they
will find in the raft when it is inflated. Drills are about learning and not just a task
given drill.
Ensure they know how to use the to satisfy regulatory requirements
pyrotechnics and when they should Assemble all groups and each group leader
Understand record-keeping. Describe be used. should highlight any lessons learned and
how training records should be encourage questions from the team. Don’t
maintained, remembering that these forget to highlight what went well and give
may prove to be valuable evidence in the praise where it’s due.
event of an incident.
It is extremely important to emphasise
that individuals must know and fully
understand how to conduct their
responsibilities in the event of an abandon
All parties ship drill. A common Port State Control
Preparation Bridge Team Location: At one of the lifeboat deficiency is where it is observed that the
Complete a full risk assessment prior to Location: Bridge muster points crew know what it says on the muster but
the drill – DRILLS MUST BE SAFE!! do not know how to carry out their
Group leader: Master Group leader: Chief Officer
allocated responsibilities properly. No
This should include assessing whether the Learning Objectives Lifeboat Team Learning Objectives matter how small your responsibility
weather, environmental conditions, and
Demonstrate use of GMDSS: Location: At one of the lifeboat Muster all the teams together at a safe seems, your role is likely to be essential.
situation allow for safe lowering, operation
remember this equipment isn’t just muster points distance from the lifeboat.
and recovery of the lifeboat(s) by the crew.
bridge radio equipment! Group leader: Chief Officer Describe the launching and recovery
Use appropriate fall prevention devices and Liferaft Team
ensure crew are confident in their use. Show the team where to locate the Learning Objectives process – referencing company standing By John Southam
Location: At one of the liferaft
Check operational status and all search and rescue transponders (SART) orders. Loss Prevention Executive
muster points Run through individual responsibilities in
maintenance is up to date for the relevant and how they work Explain how incidents have happened in
Group leader: 3 Mate
rd the event of an abandon ship according
emergency equipment. Using the test function, show the team to the muster list, stressing the the past that led to serious injuries and
the concentric circles on the 3cm radar Learning Objectives fatalities.
Split the crew into three small teams and importance of understanding their
conduct separate training sessions, each
(if there are no other vessels in the area).
Show the team the Emergency Position
Discuss the importance of mustering
promptly. The type of vessel and the
duties. This should include knowing the
location of equipment that need to be
Testing of the launching arrangements
will depend on the type of system on
FIND OUT MORE
led by a responsible officer. Each team
Indicating Radio Beacon (EPIRB), explain nature of the incident that leads to an gathered prior to mustering. board your vessel. Click here for more information on
should rotate to the next leader once they
how it floats free and how to manually abandon ship situation can have a great IMO Prevention of accidents involving
have completed each training station, so all Show the team where the nearest For lifeboats lowered by means of falls,
remove it from its position. bearing on how little time the crew might lifeboats.
crew receive the same training to help in lifejackets and immersion suits are. inspections and testing of launching
carrying out their emergency duties and Demonstrate the location and use of the have in an emergency. arrangements are to be performed in
If safe to do so and with all fall prevention
responsibilities. GMDSS handheld radios, point out to the Run through everyone’s responsibilities: accordance with SOLAS Ch.III Reg.20.
measures in place, the team should
team where to find the spare batteries. remind the team that they have For example, operate the winch brake on
board the boat, donning lifejackets. They
Explain the content of the contingency individual responsibilities that they must the vessel, ensuring no crew on board
should locate a seat, then be asked to
plans relating to abandon ship and where know how to complete in the event of an the lifeboat, lower the boat to the point
put on their seat harness. This can
they can be found. Check all relevant abandon ship situation. This may include where the auto-releasing gripes become
demonstrate how difficult this can be.
situations are addressed in the plans and collecting GMDSS equipment or free. Or follow the test requirements for
additional water and food - ensure Demonstrate how to operate the
that the contents are accurate. the lifeboat on the vessel.
everyone knows where these are stored. cabin lights.
04 Signals / Issue 123: Spring 2021 / Loss Prevention www.nepia.com 05
Sound sampling
commodity
lot identifier (if relevant)
location or point of sampling
of grain cargoes
name of the person who obtained
the sample
A sampling report, signed by all parties,
should be produced which includes the seal
numbers and how they were distributed.
Generally, samples of bulk agricultural
cargoes should be stored in a cool, dark,
Samples of grain and oilseed cargoes should be obtained correctly; but drawing and dry place.
these is not as easy as it sounds. Ben Cockshull, an expert Food Scientist at the In summary, the timely and proactive
collection of the correct samples can
consultancy CWA International, explains the importance of correct sampling significantly aid an effective response and
investigation into cargo claims, both during
techniques for bulk agricultural cargoes if these samples are to be used later in the early stages of the case and through
to any potential legal proceedings.
defending claims against the ship owner. and sampling during cargo movement help
to ensure that the probability of any
than a spot sample, since they involve
multiple incremental samples being
individual grain or oilseed being sampled is obtained from a stationary pile, the sample
as even across the entire consignment as is material will only represent those parts of By Ben Cockshull
Ship operators and surveyors are often determine the cause of a certain type of To capture and account for this inherent practically possible. the cargo accessed i.e., the upper 1m of CWA
advised to “take samples” when loading or damage, for example identifying the source variability, representative samples must a pile of maize. Dynamic and static
If sampling were to occur at a lower
discharging bulk grain or oilseed cargoes, of a contaminant or whether cargo damage be obtained. sampling will typically require different
frequency than specified in the sampling
such as when loading soya bean cargoes in by wetting was caused by seawater or Representative sampling procedures have sampling protocols.
protocols, it is likely that variability within
South America or when cargo damage is freshwater ingress. Any findings from a spot been set out by international trade
observed at discharge. But how can we try sample(s) should not be extrapolated to organisations, such as the Grain and Feed
the consignment would be missed. On the
other hand, if sampling were performed at a
What to do once the samples have
been obtained?
FIND OUT MORE
to make sure these samples are obtained represent all the cargo onboard a vessel. Trade Association (GAFTA) and the higher rate than the sampling protocols Carrying grain and oilseed cargoes?
in the best possible manner? When taking spot samples, it is essential Federation of Oils, Seeds and Fats After all incremental samples have been
stipulate, then the sampling procedure See our loss prevention material:
to obtain a sample from an unaffected area Associations (FOSFA). These procedures would likely be prohibitively costly and/or obtained it is important that they are
Sampling defined properly homogenised and reduced to form Carriage of Grain Cargoes - Briefing
for comparison. aim to capture the variability within the labour intensive.
Sampling refers to the action of obtaining consignment, by sampling at a suitably high laboratory samples for each individual lot Soya Beans Cargo Damage Claims in
If the relevant representative and for all lots cumulatively.
samples that represent an item of interest, Representative samples frequency. To be representative, these China - Briefing
sampling protocol is not followed, then
such as a grain cargo. These samples may The quality parameters of cargoes loaded sampling procedures require large numbers A common method to achieve this with Carriage of Seed Cake and Other
accurate conclusions cannot be made from
then later be used for analysis, which on a vessel are rarely uniform throughout of samples, known as incremental samples, minimal equipment is ‘coning and Residues of Processed Oily
the subsequent analysis of
informs us about properties of the sample the consignment. In the case of bulk to be obtained uniformly and systematically quartering’. The laboratory samples can Vegetables - Briefing
laboratory samples.
material. The sampling and analysis steps agricultural cargoes, variability is often seen throughout loading or discharge. Sampling later be sent for analysis and the results, if
Sampling at the higher frequencies required Cargo Care Checklist: Grain
should be considered as two distinct and in key quality factors such as moisture, protocols will typically stipulate the sampled correctly, should accurately reflect
separate events. protein and/or foreign matter content. This minimum size of lots and number of by representative sampling protocols can the condition of the cargo that the sample Cargo Care Checklist – Seed Cake
variability can be due to a range of factors incremental samples that need to be be very labour intensive. CWA recommend is said to represent. CWA International is a specialist
The correct and proper collection of
such as the growing environment, obtained per lot. The high number of that sampling is performed in accordance consultancy providing clients involved
samples represents one of the strongest Once the laboratory samples, or any spot
processing and storage conditions and incremental samples, minimum lot sizes with the applicable sampling protocol by a with international trade, shipping,
methods for accurately resolving quality samples, have been produced they should
commodity origin. competent third-party company or cargo insurance and reinsurance, and their
disputes and determining causation of be packaged and stored according to the
superintendent that has been accredited by legal counterparts with expert
cargo damage. When a cargo claim is
SAMPLING GRAIN CARGOES the relevant international trade organisation requirements of the relevant sampling
raised, or a cargo quality issue is protocol. CWA recommend that samples knowledge and advice on a wide range
(e.g. GAFTA or FOSFA). Hiring an accredited of commodities including food and
anticipated, the next thought should be are immediately:
company helps to ensure the relevant
what kind of samples need to be obtained NB. The below is for illustrative purposes only. other agricultural products, metals,
experience, knowledge and manpower double bagged in thick, clean and dry
and how. minerals, oils, gases and chemicals.:
is available. plastic bags
Some sampling techniques are best suited www.cwa.international
Representative samples are usually best closed with a numbered seal
to asking questions about the entire
obtained when the cargo is moving during properly labelled
quantity of cargo, whilst others lend
The right loading or discharge, known as dynamic In general, the minimum details included on
themselves to asking more specific
Too few Too many sampling. Some instances, however, may
questions such as the severity and
amount of require sampling to be performed when the
the label should be:
causation of any potential damage. samples samples vessel name
Ideally, sampling activities should be samples cargo is stationary, known as static
sampling. Whilst samples obtained during quantity represented/description
performed jointly amongst the interested static sampling are more representative sample date
parties; not only will this reduce the costs
associated with sampling, but it can also
help to reduce any sampling and analytical
discrepancies further down the line.
The two main types of sampling activities Carriage Soya Beans – Carriage of Seed Cargo Care Cargo Care
are spot sampling and representative of Grain Cargoes Cargo Damage Cake and Other Checklist: Grain Checklist: Seed
Residues of Processed Cake
Claims in China
ACTION TO 01 HOLD PREPARATION
sampling. It is important to draw a
BE TAKEN Grain clean unless otherwise stated in shipper’s or charterer’s voyage instructions.
Oily Vegetables
WHEN Record of previous cargoes available ..................................................................................................................
START Have you received a declaration and
DEALING Crew understand what standards are required ............................................................................................... ACTION TO other certification?
Do not load until
WITH GRAIN Holds free of previous cargo and residues ........................................................................................................ BE TAKEN Yes No you receive a
properly completed
CARGO
Holds free of loose rust and paint scale .............................................................................................................
WHEN declaration
distinction between the two as it can be a
Does it contain one of the
Holds free from other contaminants ....................................................................................................................
Holds free from odours
DEALING following BCSNs?
WITH SEED
.............................................................................................................................................
This checklist should Yes No
be used in conjunction Holds free of moisture ...............................................................................................................................................
with the ship operator’s Tank manhole lids leak – checked and properly secured ............................................................................. CAKE BCSN: Seed Cake BCSN: Seed Cake BCSN: Seed Cake UN2217
BCSN: Seed Cake & other
residues of processed oily
BCSN: Seed Cake
& other residues
UN1386(a) UN1386(b) of processed oily vegetables
procedures, charterer’s Bilges clean and dry – cover where required .................................................................................................... vegetables GROUP B
common source of confusion.
Seed Cake examples GROUP C
or shipper’s instructions Planned maintenance on bilge non-return valves checked and up to date ........................................
include: Soya bean Yes Yes Yes Yes
and the IMO Grain Time stamped photos taken showing hold preparation .............................................................................
Meal, Sunflower seed
Code. Maintain details of any hold cleaning agents used inc. MSDS ................................................................... meal, Expeller, Palm The IMSBC DOES DOES DOES DOES DOCUMENTATION STATE
code states DOCUMENTATION DOCUMENTATION DOCUMENTATION If it is solvent If it is solvent
Records of any recent hold maintenance available including hold paint specification ................... kernel expeller and that this STATE STATE STATE extracted or mechanically
It is suitable for use with should not be
carried in bulk
If it is solvent extracted that the cargo is solvent If it is solvent If it is expelled.
all naturally-occurring Planned maintenance records for hatch covers checked and up to date ............................................ pellets. This checklist without special
or mechanically
expelled.
extracted.
That the cargo is
solvent extracted or
mechanically expelled.
If solvent extracted it is
substantially free from flammable
permission
unprocessed seeds, Record of any recent hatch cover weather-tight testing available .......................................................... should be used in from the
competent
If solvent extracted it is
substantially free from
substantially free from
flammable solvents
If solvent extracted it is
substantially free from
solvents.
Has been tested as per section
flammable solvents. flammable solvents.
beans and grains Planned maintenance records for cargo hold ventilation checked and up to date .......................... conjunction with authority.
It contains not more than
That it contains not more
than 1.5% oil and not It has been tested as per
9.2.2 of the code and is not
considered a class 4.2 cargo.
10% of oil and when the more than 11% moisture section 9.2.2 of the code
the ship operator’s Has been tested as per section
Too few samples obtained. i.e., Too many samples obtained. Enough samples to satisfy that
including soya bean. Accurate log timings maintained throughout preparations ...................................................................... amount of moisture is
higher than 10%, not
The actual oil and and is not considered a
class 4.2 cargo.
9.2.3.3 of the code and is not
procedures and the moisture content of the considered MHB (SH).
Spot samples
Records of any hold surveys maintained ........................................................................................................... more than 20% oil and
moisture combined.
cargo, not the It has been tested as per That the cargo has been tested and
contracted specification. section 9.2.3.3 of the
IMSBC code. The actual oil and It has been tested as per code and is a cargo
meets the exemptions of
UN1386(b) and UN2217.
Note: moisture content of the
cargo, not the
section 9.2.2 and is
declared as class 4.2
considered MHB (SH). The actual oil and moisture
content of the cargo, not the
contracted specification. contracted specification.
The National Cargo Bureau definition of grain clean is: It has been tested as per That the cargo is one of the
variation within the cargo has i.e., operation is likely too each grain had a reasonable
section 9.2.2 and is
Compartments are to be completely clean, dry, odour-free, and gas-free. All loose scale is to declared as class 4.2
following:
Rape seed meal, rape seed pellets,
be removed. soya bean meal, cotton seed meal
Yes Yes Yes and sunflower seed meal
In the USA, the Federal Grain Inspection Service places a limit on the amount of rust and containing not more than 4% oil
and 15% oil and moisture
paint scale - not more than 25 square feet (2.3m²) of loose rust scale or paint scale in a single
These samples are obtained from a specific
combined.
Does the vessel’s document of compliance for hazardous cargo allow carriage Citrus pulp pellets containing not
area or not more than 100 square feet (9.2m²) of loose rust scale or paint scale in total. of this product? more than 2.5% oil and 14% oil and
been missed. expensive and time consuming. chance of being obtained. i.e.,
moisture combined.
Loose scale will break when struck with the fist or when light pressure is applied with a knife No Corn gluten meal containing not
Yes Yes Yes
blade under the edge of the scale. more than 11% oil and 23.6% oil
and moisture combined.
Do not confuse rust scale with oxidation rust which typically forms on exposed metal Corn gluten feed pellets containing
surfaces. Oxidation rust does not flake off when light pressure is applied The Consider appointing a local surveyor to assist with document checks and cargo not more than 5.2% oil and 17.8%
inspection/monitoring
declaration oil and moisture combined.
Beet pulp pellets containing not
is not
site of interest and only represent the
Yes Yes Yes more 2.8% oil and 15% oil and
correct. moisture combined.
This example has 9 points. This example has 72 points operation is a representative
Do not load Rape seed meal, rape seed pellets,
GO TO GO TO GO TO soya bean meal, cotton seed meal,
the cargo. sunflower seed meal containing
PAGE 2 PAGE 4 PAGE 6 not more than 1.5% and not more
than 11% moisture.
No
Note:
condition of the cargo in that sample. Spot enough, without being
Actual Oil and moisture content and exemptions may be on a separate certificate.
Example of loose scale Example of oxidisation rust which would not affect the cargo
All references are for the IMSBC code Amendment 05-19 (2020 Edition)
MHB(SH) - Material Hazardous in Bulk Self Heating.
Planned maintenance records should where possible include notes and photographs of the
Class 4.2 - Flammable solids.
CARGO CARGO CARGO
checks done, findings and any resolved issues.
samples are typically sought when trying to prohibitively expensive. For more information, please visit www.nepia.com
Copyright © 2020 The North of England P&I Association Limited
01 Cargo Care Checklist: Grain
For more information, please visit www.nepia.com
Copyright © 2021 The North of England P&I Association Limited
01 Cargo Care Checklist: Seed Cake
This example has 36 points.
06 Signals / Issue 123: Spring 2021 / Cargo www.nepia.com 07
Loose lids Engine failure highlights
and cargo claims dangers of delegating
Conducting tank entries is a high-risk activity that requires proper planning
maintenance
to ensure it is carried out safely. One aspect of the operation that is easily The United Kingdom Marine Accident Investigation Branch (MAIB) have released
overlooked is ensuring that manhole covers are properly closed and secured their report into the catastrophic main engine failure on the ro-ro vessel Finlandia
upon completion. Seaways, bringing attention to the importance of assuring the quality of work by
Refit the lids
third party contractors.
The task of re-fitting manhole lids should
be supervised by a responsible officer who
should satisfy themselves that all the lids
The scenario
In 2018, the Lithuanian-flagged ro-ro cargo
A shipowner should exercise due diligence when
have been placed back into their correct
location, fitted with the correct good
vessel Finlandia Seaways was on a regular selecting contractors to carry out maintenance and
voyage from Zeebrugge to Rosyth when
quality gaskets and that the securing nuts one of the main engine’s connecting rods when verifying the quality of the work undertaken
are suitably tightened. broke. Internal rotating components were
To avoid any covers being overlooked, a thrown through the side of the crankcase When the investigators visited the shipowner from claiming General Average
into the engine room, and a short but contractor’s workshop, it was found that (GA) contributions from the owners of
record should be made of all covers that
intense fire occurred. because they were not accredited by the the cargo / bunkers.
have been removed. This can be used as a
engine manufacturer, they did not have In order to bring a successful claim and/or
checklist during the re-fitting of the covers. Within 20 minutes the crew had mustered,
access to all of the manufacturer’s piston avoid liability to contribute in GA, the owners
The officer should also remind the crew of closed down the machinery spaces and
pin bush removal and installation tools and of the cargo or bunkers would first have to
the correct bolting technique to ensure the activated the carbon dioxide fixed
procedures. The investigation also noted prove that the vessel was unseaworthy and
lid is tightened evenly. Failure to do this can firefighting system.
weaknesses in the company’s quality that the unseaworthiness was causative to
result in a leak, even if a new gasket is used The vessel’s third engineer, who was on management system, in particular the the loss suffered – which with a machinery
and the sealing faces are clean. duty at the time, suffered serious smoke- failure to provide documentation on when breakdown is likely to be relatively
related lung, kidney, and eye injuries during and by whom servicing was carried out.
Bringing the tank back into service straightforward.
We see from the numerous claims we Avoiding mistaken identification his escape from the engine room. He was
Additional precautions should be taken the recovered by a coastguard helicopter and Delegating maintenance After it has been established that the vessel
receive that hold flooding from When preparing a tank entry, check the
first time the tank is used after being transferred to hospital for medical care, was unseaworthy, the shipowner will then
inadequately secured manhole covers is a manhole cover locations on the vessel’s There are many good reasons why a
brought back into service. This includes: making a successful recovery. have the legal burden of proving that there
too-regular occurrence, particularly those drawings to ensure the correct cover is shipowner will outsource major overhauls
was no actionable fault on their behalf – i.e.
involving ballast tanks. opened and subsequently closed. Checking bilge levels and that bilge of machinery and equipment. But as this
Investigation findings investigation report shows, it is vital that
that there was no want of due diligence to
On container vessels, bulk carriers and Stencilling the tank ID on the manhole alarms are operational prior to filling make the vessel seaworthy – in order to
It was found that a fracture of the connecting they satisfy themselves that their
general cargo ships, the manhole covers cover and on the adjacent deck helps the tank avoid liability for the claim, or to recover
rod small end (where the connecting rod appointed contractor is suitably qualified
for fuel and ballast tanks are the only prevent the wrong manhole cover from Conducting a visual inspection of all the attaches to the piston) had led to the sudden the GA contributions that are due from the
to carry out the work, that they carry out
barrier that prevents the contents being opened. It also ensures that the manhole covers on the tank to ensure all and catastrophic failure of the main engine. owners of the cargo or bunkers. As all the
the work correctly, and that they have
migrating directly from the tank into the same cover is fitted to the manhole upon covers are creating a correct seal and relevant evidence on causation and due
To ascertain the causal factors that resulted suitable quality management systems in
cargo space. If they are not sealed and completion. there are no leaks place to record when and by whom the
diligence will be in the hands of the
in the failure, the investigation looked at the
secured properly it is likely to result in hold work was carried out.
shipowner, the evidential burden will be
engine maintenance arrangements and
flooding or, in the case of bunkers - Preparation is the key upon the shipowner to produce it.
component history. The affected connecting Under Article III of the Hague / Hague
contamination, which leads to cargo While waiting for tanks to be ventilated, With any claim, evidence is key. A
rod’s small end had completed just over Visby Rules which are commonly
damage claims against the shipowner. there is a good opportunity to prepare for shipowner’s position is therefore much
90,000 running hours, which was 10,000 incorporated into the contracts of carriage
refitting the covers on completion of the hours fewer than the recommended limit stronger when they can a) demonstrate
(e.g. bills of lading) a shipowner has a duty
tank entry. If any issues are identified they set by the engine manufacturer - signifying that they exercised due diligence in
to exercise due diligence to make the ship
can be rectified in good time, rather than premature failure. employing a suitable contractor; and b)
seaworthy at the beginning of the voyage.
rushing to put the tank back into service demonstrate that the quality management
Minor routine maintenance was carried This duty cannot be delegated.
after the inspection. systems in place adequately records when
out by ship’s crew, but major overhauls This means that if a third-party contractor and by whom the work was carried out as
Think about: were contracted out to a third-party ship does not carry out the work correctly, and well as preventing any defective work
Cleaning the sealing faces on the deck repair company. The investigation found that their error/ omissions makes the vessel slipping through the net.
penetration and the lid the way the contracted third-party replaced unseaworthy, it will be the shipowner rather
Following dry docking or repairs by shore the piston pin bearing bushes on the than the third-party contractor that will be By Alvin Forster
Inspecting the gaskets and replacing if workers, the same checks should be connecting rods introduced stress raisers potentially responsible for any resulting Loss Prevention Executive
necessary - it may be prudent to replace made. Do not rely on others to make that significantly increased the likelihood of losses suffered by the owners of the cargo.
the gaskets after each opening these checks. crack initiation and fatigue failure. This was
David Berkeley
If a shipowner fails to exercise due diligence Senior Executive (Claims)
Replacing any broken studs, rounded It is also recommended to carry out regular despite the contractor’s formal work
to make the ship seaworthy at the beginning
Due to this risk of hold flooding, great care nuts, or missing washers checks on all manhole covers to identify procedure being similar to the correct
of the voyage, and the unseaworthiness is
needs to be taken to ensure that they are
properly secured following each time they
Cleaning and greasing threads any early signs of leakage and take
preventative action.
method stated by the engine manufacturer.
Quite simply, the contractor didn’t follow
proved to be causative to the loss, then the FIND OUT MORE
shipowner will no longer be entitled to rely
are opened. their own procedure and the small ends had Click here to read the Finlandia
upon the defences that are contained in
By David Patterson been damaged during the piston pin bush Seaways MAIB Report
Article IV of the Hague / Hague Visby Rules
Loss Prevention Executive removal and fitting process.
to avoid liability. It will also prevent the
08 Signals / Issue 123: Spring 2021 / Cargo www.nepia.com 09
The Ever Smart and
Alexandra I Collision:
What was the initial outcome? What happened at the Supreme Court?
Liability for the collision was first determined by the English Admiralty Court in 2017. In The appeal to the Supreme Court asked
2018, the decision was upheld by the Court of Appeal. two important questions about the
What does it mean?
crossing rules and their relationship with
Before deciding who was to blame for the collision, the Admiralty Court first considered
the narrow channels rule.
the relationship between the crossing rules (Rules 15 to 17 of the COLREGS) and the
narrow channels rule (Rule 9 of the COLREGS). Does the give-way vessel have to be on
a steady course for the crossing rules
The Admiralty Court determined that the crossing rules cannot apply where one vessel is
to apply?
navigating along a narrow channel and another vessel is navigating towards the channel
with a view to entering it. The Admiralty Court also accepted that as Alexandra I was not No. The Supreme Court said that if two
In February 2021, the UK Supreme Court handed down its judgment on the collision on a steady course the crossing rules would not apply. vessels, both moving over the ground, are
crossing so as to involve risk of collision,
between Ever Smart and Alexandra I. This was the first appeal in a collision to reach Who was to blame for the collision? then the give-way vessel does not have to
After deciding that the crossing rules did not apply, and that Alexandra I did not have be on a steady course for the crossing rule
the highest court in almost 50 years. ANNEXE A
to keep out of the way of Ever Smart, the Admiralty Court considered the faults of to apply. As long as it is reasonably
Chart of vessels’ movements: (see para 10) both vessels: apparent to those navigating the two
vessels that they are approaching each
Much has been written about the
Faults of Ever Smart Faults of Alexandra I other on a steady bearing, then they are
judgment, David Berkeley looks at
crossing so as to involve risk of collision.
what it may mean for your bridge team. (i) breaching the narrow channel rule (i) failing to keep a good lookout – the
See Diagram 1.
by failing to keep to the starboard vessel misheard a VHF conversation
What happened? side of the channel which resulted in not turning to The Supreme Court also thought about
On 11 February 2015, the container ship starboard towards the channel and whether the stand-on vessel had to be on
(ii) keeping a defective lookout and instead caused it to head so as to
Ever Smart collided with the tanker a steady course for the crossing rules to
making assumptions on scanty cross the approaches to the
Alexandra I. apply. Again, the Supreme Court answered
information channel. ‘No’. But once the risk of collision exists
The collision happened at the pilot
(ii) proceeding at an excessive speed and the crossing rules are engaged, then it
boarding area, just outside the channel
must then keep its course and speed in
to Jebel Ali.
accordance with Rule 17(a). This means
The channel to Jebel Ali is a narrow The Admiralty Court said that although there was very little difference in the
that there is no requirement for the
channel as per Rule 9 of the International contributions of both vessels in causing the collision, the unsafe speed of Ever Smart
stand-on vessel to already be on a steady
Regulations for the Prevention of caused far more damage. Ever Smart’s faults were found to be far greater, and liability for
course or speed before the crossing
Collision at Sea (COLREGS). the collision was apportioned with Ever Smart bearing 80 percent of the blame, and
rules apply.
Alexandra I bearing 20% of the blame.
Ever Smart was outbound and
The Supreme Court also said that the need
proceeding along the channel. The Court of Appeal agreed with the Admiralty Court and upheld the conclusion that a)
to “keep her course and speed” does not
Alexandra I was at the pilot boarding area Key: the narrow channels rule applied to the exclusion of the crossing rules and b) that
Credit: The “Alexandra 1” and “Ever Smart” [2021] UKSC 6 mean the stand-on vessel must maintain
waiting to pick up the pilot who was blue= EVER SMART Alexandra I needed to be on a steady course for the crossing rules to apply.
mauve= ALEXANDRA 1 its precise heading, course or speed, if, at
disembarking from Ever Smart. Page 59 the time the crossing rules are engaged,
they are visibly conducting a nautical
DIAGRAM 1 manoeuvre that requires adjustment to its
heading, course or speed. An example of
this may be creating a lee to pick up a pilot.
Such a manoeuvre does not relieve the
give-way vessel of its duty to keep clear.
Subject to the application the narrow
channels rules, the Supreme Court held
that the crossing rules applied and that
SHIP B Alexandra I, as the give-way vessel, had to
keep well clear of Ever Smart.
The collision between
Ever Smart and Alexandra I
highlights the importance of
maintaining a proper lookout
by sight, hearing and all
available means to make a
full appraisal of the situation Crossing rules apply SHIP A
and in turn the risk
of collision.
10 Signals / Issue 123: Spring 2021 / Ships www.nepia.com 11
The Ever Smart and Alexandra I Collision:
What does it mean? (cont.) 2.Vessels that are about to enter, and are on their final approach to the entrance Does this change who was to blame
of the narrow channel, and are adjusting their course to arrive on the starboard side of for the collision?
the channel: The narrow channels rule applies and overrides the crossing rules. As the Supreme Court answered ‘no’ to
See Diagram 3. both questions, the appeal was allowed
Do the crossing rules apply when an
and apportionment for the collision will
outbound vessel is following a narrow
channel, and has another vessel on a
PRACTICAL IMPACT OF THE JUDGMENT DIAGRAM 3: now be reviewed by the Admiralty Court.
crossing course approaching the same Two things bridge teams must now know:
Don’t overlook the lookout
narrow channel with the intention of
and in preparation of entering it? The Supreme Court has made clear how
the crossing rules and narrow channels
No. The Supreme Court said that the rule apply, but what about lookout?
crossing rules are not overridden by the SHIP B
narrow channels rule just because the It is often overlooked, but the main
approaching vessel is intending and reason that Ever Smart and Alexandra I
preparing to enter the narrow channel. collided was not because the bridge
teams were unsure whether the crossing
The crossing rules are only overridden by rules or narrow channels rule applied; but
“Pilot on board.
the narrow channel rules in very limited because of the poor lookouts being kept
Proceeding to enter
situations. These are: 1. Vessels do not need to be on a steady 2.The crossing rules are not the Channel on the by both vessels.
course for the crossing rules to apply. overridden by the narrow channels starboard side.”
Where two vessels are approaching Ever Smart had not sighted Alexandra I
As long as they are approaching rule just because the approaching
one another in a narrow channel and visually until moments before the
each other on a steady bearing, then vessel is preparing to enter the
are heading in opposite directions, both collision and had not determined if risk of
they are crossing so as to involve risk narrow channel.
vessels should keep to the starboard collision existed; and Alexandra I had
side of the channel, even if they appear of collision. The crossing rules are only overridden misheard a VHF conversation which led it
visually to be on crossing courses (e.g. when the approaching vessel is to cross the channel.
a bend in channel). preparing to enter and is adjusting its
course to enter the narrow channel The collision between Ever Smart and
When the approaching vessel is Alexandra I highlights the importance of
on the starboard side and is on its
adjusting its course and speed to enter maintaining a proper lookout by sight,
final approach.
the narrow channel on the starboard hearing and all available means to make a
side and is on its final approach. The Narrow Channels rule
full appraisal of the situation and in turn
applies and overrides the
Other than these two situations, if two crossing rules SHIP A the risk of collision.
vessels, both moving over the ground, The Three Situations
are on a steady bearing and are crossing The Supreme Court identified three situations that are likely to take place outside of the
so as to involve risk of collision, then the entrance to a narrow channel:
crossing rules will apply. By David Berkeley
1. Vessels approaching the entrance of the channel, heading across it, on a route that 3.Vessels that are preparing to enter a narrow channel but are waiting to enter rather than Senior Executive (Claims)
starts and finishes at points outside the narrow channel : The crossing rules apply. entering straight away: The crossing rules apply.
See Diagram 2. See Diagram 4.
DIAGRAM 2: DIAGRAM 4:
FIND OUT MORE
SHIP B
SHIP B Click here to read the judgment.
A. B.
PORT CONTROL
“Ship B your Pilot
will board after they
have disembarked
from Ship A .”
SHIP A
SHIP A
Crossing rules apply Crossing rules apply
12 Signals / Issue 123: Spring 2021 / Ships www.nepia.com 13Call for clarity on the
enforcement of the Marginally off-spec
sulphur cap bunkers are causing
lengthy disputes and,
in some cases,
In terms of safety, the introduction of the IMO 0.50% sulphur cap on marine fuels de-bunkering
has largely been a success.
Predictions of vessels losing propulsion Will the vessel be targeted by the Commercial samples - such as the vessel’s
in busy shipping lanes or suffering loss of authorities and what action will they take? own sample - should not be considered
electrical power were, thankfully, proved Should it be debunkered? evidence of definitive non-compliance.
incorrect. By and large, the industry – in This is where confusion reigns, leading However, very few administrations have
particular ships’ crews – have managed to commercial disputes and, in some confirmed this explicitly, and experience
the transition very well. cases, de-bunkering. suggests that some port state control
functions are taking a contrary view.
It hasn’t all been plain sailing, however. Are the bunkers off-specification? There are also reports of port state control
The backend of 2019 saw concerns being
According to existing industry guidance officers in some countries not applying the
raised on the poor stability characteristics
issued by organisations such as IBIA and single-test reproducibility tolerance to
of some of the new very-low-sulphur fuel
CIMAC, if the receiving vessel’s own sample in-use samples during their inspections. It is
oil (VLSFO) products and the risk of
returns a result of 0.53% or less, they not mandatory for port state authorities to
incompatibility between stems, which
cannot bring a claim against the supplier. apply this tolerance when testing the fuel in
did indeed become realised to a certain
The rationale behind this 0.53% cut-off use, but the IMO are promoting its early
extent throughout 2020. There were some
mark is ‘single-test reproducibility’, which adoption. Again, the lack of a consistent
operational issues that were perhaps not
raises its head frequently in this issue. approach by port states around the world
as well foreseen, such as increased liner
In very simple terms, it is an allowance causes confusion for calling vessels.
wear of engines attributed to the poor
matching of cylinder lubricating oil with applied to a lab test result that recognises Vessels trading to the United States will of
the limitations on accuracy of a single test. course switch to 0.10% max sulphur fuel
the fuel in use combined with too
infrequent scavenge inspections. If the vessel’s sample test result is over before entering the North American
0.53%, a claim against the supplier may emission control area (ECA). But this does
These have all had some sort of impact be initiated. The supplier’s retained not eliminate the risk of contravening
on us at North, resulting in claims and, sample is usually contractually binding and MARPOL. US lawyers have indicated that
more prominently, disputes amongst therefore tested. If that test returns a result any vessel proceeding towards the United
shipowners, charterers and fuel suppliers. of 0.51% or more (single-test reproducibility States with fuel on board with a sulphur
is not applied in this stage – just to confuse content greater than 0.50% may be in There is also uncertainty on what is meant
However, what has kept us busiest are
matters!), it is deemed off-spec for violation of the carriage ban, regardless of by “indicates non-compliance”? Is the IMO’s
the reports of potential marginal non- whether it is to be consumed.
compliance, which sounds innocuous commercial purposes. intention that the notification process
to say the least. However, these are only guidelines and Who should be notified? applies when the ship’s sample test result
a supplier may have different terms in exceeds 0.50%, or is it 0.53% to allow for
In general, shipowners have been advised
The problem scenario their bunker contract. single-test reproducibility?
to follow the notification process in
The vessel requests compliant bunkers The situation becomes more complex MEPC.321(74) 2019 GUIDELINES FOR PORT Providing clarity on the notification process However, the European Maritime Safety
to be delivered. The party ordering the in situations where the time charterer STATE CONTROL UNDER MARPOL ANNEX VI: could remove a massive amount of doubt. Agency (EMSA) Inspection Guidance states
bunkers (either the owner or time charterer) provides the bunkers under the terms of clearly that EU ports will target a vessel for
“In addition, if the BDN shows compliant Will the vessel be targeted by PSC? inspection if they submit a voluntary
specifies compliant fuel to be supplied to the charterparty. While the supplier will
fuel, but the master has independent test It is important not to disincentivise notification of potential non-compliance.
the vessel. consider their sample to be the binding
results of the fuel oil sample taken by the reporting of potentially non-compliant fuel
commercial sample between them and
Upon completion of bunkering, the supplier
issues a bunker delivery note (BDN) which the fuel purchaser, this is unlikely to be the
ship during the bunkering which indicates
non-compliance, the master may have
as the IMO GISIS module - which allows flag A call for clarity and consistency FIND OUT MORE
binding sample under the charterparty, states to report on behalf of shipowners - Marginally off-spec bunkers are causing
declares the fuel to be compliant (0.50% S documented that through a Notification to We have a wealth of information on
which is usually that drawn by the vessel. relies on these reports to identify suppliers lengthy disputes and, in some cases,
or less). The receiving vessel then sends a the ship’s flag Administration with copies to the IMO 2020 sulphur cap including
This could lead to situations where the time that provide non-compliant fuel. de-bunkering. Considering the carbon
representative sample drawn during the competent authority of the relevant port footprint of the de-bunkering process,
articles, news and resources.
bunkering to an independent laboratory charterer is liable to the shipowner but is It stands to reason that if PSC target a
of destination, the Administration under these developments could be considered Click here for more information.
where it is tested against ISO 8217 listed unlikely to be able to recover losses from vessel for inspection following the
whose jurisdiction the bunker deliverer is as being at odds with established industry
parameters for commercial purposes. the supplier. submission of a voluntary notification, it is
located and to the bunker deliverer.” environmental goals.
likely to disincentivise reporting.
Several days later, the test result returns a Are the bunkers non-compliant? However, as the document’s title suggests, Shipowners need to be confident that the
sulphur content between 0.51% and 0.53%, this is the IMO guidance for port state How port state authorities around the
If the receiving vessel’s own sample returns rules are clear and that there is a consistent
therefore indicating non-compliance with control. There is no published guidance to world are acting upon these notifications is
a result greater than 0.50%, it does not approach to the enforcement of the rules
the limit specified in MARPOL Annex VI. shipowners. And, by stating that “the not yet known; and as COVID-19 impacts
automatically mean that the bunkers are around the world.
master may…” this would imply that the their current inspection protocols, we
What happens next? Are the bunkers non-compliant with MARPOL.
notification process is merely voluntary and may not be seeing an accurate picture on
off-spec, non-compliant or both? Can the Non-compliance can only be confirmed by By Alvin Forster
there is no obligation to notify the how this will be dealt with in a post-
fuel be used? Who should be notified? testing any of the MARPOL delivered Loss Prevention Executive
referenced parties. pandemic world.
sample, the MARPOL in-use sample or the
MARPOL onboard sample.
14 Signals / Issue 123: Spring 2021 / Ships www.nepia.com 15You can also read
