a master's guide for shipboard accidents response 2 - the standart

8/9/2019 A Master's Guide for Shipboard Accidents Response 2 - The Standart

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A M a s t e r s G u id e

to Shipboard Accident Response


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M ast e r s G u id e t oS h ip b o a r d A cc id e n t R esp o n se

The purpose of this guide is to list, in simple terms, the actions which

masters should take when there is an incident or problem which may result

in claims against the shipowner or manager. This guide is concerned only

with Protection and Indemnity (P&I) risks, containing advice on how to

protect your owners interests after a problem has arisen. It is not intended

to replace any standing instructions on accidents, emergency response or

reporting which your company has.


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0 1C o n t e n t s

Introduction 2

Basic Advice 3

Collection of Evidence 4

Death or Injury 5

Collisions and Property Damage 6

Pollution 7

Cargo Loss or Damage 8

Bills of Lading 10

Stowaways and Ship Security 12

Contacts 14


4/18

0 2Int roduct ion

Protection and Indemnity (P&I) Clubs insure shipowners and managers for their liabilities to third

parties arising out of the operation of ships. The P&I Club does not insure the hull or machinery of

a ship, only liabilities.

The main elements of P&I cover addressed in this guide are:

personal injuries to crew, stevedores and passengers;

physical damage caused to docks, fixed or floating objects and collision damage caused

to other ships;

pollution;

cargo loss or damage which occurs when the cargo is in the custody of the ship;

stowaway and ship security problems.

The Clubs Rule Book, a copy of which is supplied to your ship, details the cover in Rule 20. The

Club also publishes a Guide to P&I Cover which explains the cover and contains advice on how to

prevent claims (which is accessible on the clubs website www.standard-club.com).

The Club has a network of offices and correspondents around the world who are able to assist

with P&I incidents or problems. If there is an incident or problem the golden rule is always to

contact the local P&I correspondent. Details of the Clubs offices are shown at the back of this

publication and details of the additional correspondents are found in the back of the Rule Book,listed in port order.


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0 3Ba s ic Adv ice

In the event of an incident or allegation which gives, or may give, rise to a P&I problem there are

certain actions which you should always take and certain actions which you should never take.

These actions are listed on this page. The checklists which follow are designed to help you to

remember what to do and who to call.

Always

keep your owner or manager informed;

call the local P&I correspondent;

investigate every allegation of injury, damage, or pollution;

collect any evidence or documentation relating to the incident, including any defective equipment.

Store it in a safe place and label clearly the pieces of evidence. Throw nothing away;

take photographs of any damage or conditions relating to the incident;

instruct witnesses to write notes of what they themselves saw or heard and to draw a diagram,

if appropriate. This should be done as soon as possible after the incident. Write personal notes

about the incident yourself (note 1);

seek the advice of the P&I correspondent before issuing a written statement or report;

if an injury has occurred, complete your companys accident report form and make anentry in the ships log;

limit any report to facts, not personal opinions.

Never

allow a surveyor or lawyer on board the ship or to interview crew members, until he has identified

himself and produced appropriate authorisation to satisfy you that he is acting for your owner or

your P&I Club (note 2);

allow surveyors or lawyers acting for opposing parties on board, unless accompanied by a

surveyor or lawyer acting for your owner;

give written material or physical evidence to opposing lawyers or surveyors. If in doubt,

do not hand anything to anyone;

give an opinion, especially in the accident report, as to who or what was responsible;

allow crew members to express opinions;

admit liability, either verbally or in writing;

sign a document which you know contains incorrect information;

think the problem will go way if you do nothing.

1 You will need these notes during the formal interview with the local correspondent or Club-appointed lawyer to help you remember what

occurred.

2 The importance of preventing strangers from visiting the ship and collecting information cannot be over-emphasised. However, there may

be circumstances where it is impossible for you to prevent this from happening.

Notes


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0 4Collect ion of Evidence

Remember that the evidence relating to the incident is likely to be found on board the ship and

that this evidence will be needed by the Club to defend claims which are received from injured

persons, the owners of damaged cargo or property, or from a terminal operator.

Ships masters have an important role the collection of evidence which will help the Club to

evaluate the damage and to establish liability. The golden rule is that evidence should be collected,

recorded and preserved.

Memories fade. It is therefore imperative to write notes on how the incident occurred as soon as

possible after the event. This guide will help you to determine what information is needed. TheMariners Role in Collecting Evidence, published by the Nautical Institute, also contains detailed

lists of the information which is required to defend particular claims. This publication is

recommended to all ships masters.


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0 5De ath or In jury

Whenever there is a death, injury or even an allegation of injury on board, or in the vicinity of the

ship, always inform the local Club correspondent, regardless of whether the injured person is a

crew member.

General Procedures

always investigate and complete your companys accident report form (for all

accidents not just for crew injuries);

report the incident to your owner or manager;

other than completion of your companys accident report form, never make a formal statement or

express an opinion as to what occurred. Complete your accident report form but do not give any

other statement except to the lawyer appointed by the Club. This will be privileged and cannot be

used against your employer in court;

in the event of injury following an accident:

in port, notify your owner or manager and the P&I correspondent;

at sea, notify your owner or manager, obtain radio medical advice;

as well as completing the accident report, write a detailed description of what occurred

(these notes will help to refresh your memory during the subsequent interview with alawyer);

ask witnesses to write a detailed description of what they saw or heard (you will need a

special

form for this which is supplied by your owner or manager);

if ships equipment or the ships structure was involved in the injury, examine the

equipment, take photographs of the place where the accident is said to have occurred (and

record the time and the date of photographs), retain and properly label broken pieces.

Afterwards, obtain a copy of the maintenance record of the equipment and any applicable

tests;

conduct an inspection of the location where the accident occurred with the Clubs appointedsurveyor or local correspondent;

always keep detailed records of all medical treatment given on board and any independent

advice received.


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0 6Col l is ions and Proper ty Damage

The P&I Club does not cover damage caused to the ship itself that is the responsibility of the hull

underwriters. If a collision only results in damage to your ship, your P&I Club will probably not be

involved financially but it may assist the owner. However, the damage caused to the other ship in a

collision may be insured by the P&I Club or by the hull underwri ters or by both of them. P&I Clubs

always insure liabilit ies resulting from collisions relating to pollution, personal injury, cargo and

other property damage.The P&I Club usually covers damage to docks and other fixed property, but

sometimes this is covered by the hull underwriters.

General Procedures

alert your owner or manager, the relevant authority and the P&I correspondent. Advise them of

the other ships name and port of registry, details of the property damaged, and the date, time

and location where the incident occurred. Outline the extent of the damage, and whether injury

or pollution has occurred.

The Club will invariably investigate the incident to find out the cause and who is to blame. To

assist the Club you will need to assemble the information as set out below:

instruct those on watch (on the bridge and in the engine room) and any other potential

witnesses on board to make personal notes regarding the incident as soon as possible, but

they should note down only the facts and times;

copies of navigation charts which detail courses and positions for a period of at least sixty

minutes before the collision and rough bridge notes;

printouts, with times, from the GPS, course recorder, engine log, echo sounder;

rough bridge notebook, radar, gyro, radio and weather logs;

standing orders/night orders;

the passage plan and pilot card (if relevant) with details of additional information which may

have been passed between the master and the pilot;

names and the position of tugs which are made fast or in attendance, and the time when

each tug arrived.

check the synchronisation of bridge, engine room and other clocks;

take photographs of any damage to your ship and the other ship or dock. If possible, estimate

the angle of blow, the ships speed, the other ships speed and both ships courses;

remember not to admit liability when questioned (in most collision cases investigated by the

Club, both parties, to a greater or lesser extent, have been found to blame), and take special

care to prevent unauthorised surveyors and lawyers from boarding the ship;

brief crew members, tell them the facts and instruct them not to discuss the incident

with anybody;

depending upon the damage caused during the collision, a survey of the ships damage or of

the cargo or an accident investigation may be necessary the P&I correspondent will arrangethese surveys;


9/18

0 7Pollut ion

if injuries, pollution or cargo damage have resulted from the incident, check the relevant pages

of this guide for the recommended action;

if the damage has been caused by ships wash, make a list of all other vessels which passed

at or near the time of the incident;

if possible estimate their course, speed and distance from your ship.

The most common type of pollution is by oil. However, P&I cover is not limited merely to oil

pollution; any pollution which originates from or is caused by the ship is covered (e.g. smoke or

garbage). If you see orsuspect pollution from your ship, the golden rule is to take action, no matter how small the

pollution may be, even if you are not certain that your ship is to blame.

General Procedures

investigate every allegation of pollution, not just allegations of oil pollution;

suspend all pumping operations and close all valves in bilge, ballast, bunkering

and cargo systems;

inform port control, your owner or manager and the P&I correspondent ask for a surveyor (if

the port authority is carrying out an investigation, ask for a lawyer as well);

if in US waters, make sure you follow the vessels response plan (tankers), otherwise follow

the SOPEP

identify other ships in the vicinity and underwater pipelines;

if possible, identify the source and cause of the pollution;

take photographs to show the extent of the pollution;

if possible, collect samples, seal and date them;

if the pollution originates from a tank overflow, obtain the following information from whoever

was involved and write it down:

sequence of events which led to the pollution;

pump start and stop times;

agreed pumping rate;

tank volume;

topping off procedure;

record of soundings.

if the pollution has been caused by failure of ships equipment, assemble details of recent

examinations, maintenance or tests, plus a test certificate if a flexible hose.


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0 8C a r g o L o s s o r D a m a g e

P&I Clubs do not directly insure the cargo for loss or damage but they do insure shipowners or

managers for their liability to cargo owners for loss or damage arising while the cargo is in the

custody of the ship. Many cargo claims are prevented by good maintenance, careful handling,

stowage and transportation.

General Procedures

At the loading port

Cargo is often damaged before shipment. If the damage goes unnoticed before the cargo is loaded

and clean bills of lading are issued, receivers will claim against the shipowner for pre-existing

damage. There are different reasons for pre-shipment damage and you should look out for the

following:

cargo loaded with debris or foreign bodies;

cargo damaged or in substandard condition when loaded;

cargo exposed on the quayside prior to loading.

if cargo is being loaded which shows signs of damage - stop loading and call the P&I

correspondent. The mates receipts and bills of lading may have to be claused;

if water-sensitive cargoes are carried, note in the ships cargo log the storage conditions prior

to loading and method of delivery to the ship;

if cargo is steel products, always arrange with the local P&I correspondent for a pre-loading

survey.Cargo can also be damaged during loading:

by rain;

by the stevedores;

or

because the cargo hold or tank has not been cleaned properly or prepared for the cargo;

because it is stowed improperly or in the wrong location inside the ship.


11/18

0 9C a r g o L o s s o r D a m a g e Cont inued

These last two causes are generally your responsibility.

if cargo is loaded in the rain, stop loading and close the hatch covers. Note down the periods

of rain when the hatch covers were open. It may be necessary to discharge wet cargo;

if cargo is roughly handled by stevedores, protest and make a note of the damage;

make sure cargo holds or tanks are clean and ready to receive the cargo where possible

inspect the spaces before loading. The fact that holds are passed by surveyors representing

charterers or shippers is not enough to relieve the ship of liability if the holds are not in fact

suitable for the cargo;

check stowage before loading (ask for a stowage plan and find out the proposed location for

stowage of heavy, hazardous or sensitive cargoes);

if loading oil products or chemicals, witness any sampling, review the results of any tests on

the samples, store the samples in a secure location - check for contamination.

Cargo can be damaged during the ocean voyage because it has been stowed badly.

always supervise stowage and insist upon changes if stowage is inappropriate, unsafe or

likely to damage cargo. If in doubt, call the local P&I correspondent and ask for a surveyor

to examine the stow.

During the voyage

Damage often occurs during the voyage because of moisture or because the stow shifts.

check lashings before departure and during the voyage. Check with charterers for ventilation

and carriage temperature requirements (only ventilate when you are sure the conditions

are correct).

At the discharge port

If cargo is found damaged on arrival at the discharge port you should:

notify your owner or manager;

immediately call the P&I correspondent and arrange the attendance of a surveyor;

delay discharge until the nature and extent of the damage is found;

if short-delivery or contamination is reported, contact the P&I correspondent: you will need a

surveyor to witness any sampling or to calculate the shortage.

Notes

Some wet damaged cargoes can give off gas. Access to cargo holds should be restricted until the hold atmosphere has been tested and

declared safe.


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10Bills o f La ding

The bill of lading is a record of the quantity of cargo and of its apparent order and condition at the

time of shipment and, as such, is a vitally important document. Cargo damage or shortage claims

can result from errors in the quantity and condition of cargo recorded on the bills of lading. The bill

of lading also represents the cargo itself and possession of the original bill indicates who is

entitled to receive the cargo at the discharge port. If you have any doubt about dealing with bill

of lading problems, call the local P&I correspondent immediately.

General Procedures

Typical discrepancies with bills of lading:

wrong port and date;

quantity of cargo incorrect;

description of cargo incorrect;

condition of cargo incorrect.

check the details on the bills against tally sheets, mates receipts, boat notes, draft surveys;

note on the bills any details of damaged cargo, or short-delivered cargo, or any other

discrepancies. (Guidelines on how to describe pre-shipment damage to steel cargoes is

contained in the Clubs Guide to P&I Cover. If in doubt call the local P&I correspondent and askfor a surveyor).

It is not your job to decide whether the cargo is marketable, only to decide whether it is in

apparent good order and condition, this is particularly relevant to steel cargoes.


13/18

11Bills o f La ding Cont inued

Typical Problems

shipper objects to the bills being claused - notify your owner or manager and P&I

correspondent immediately;

if you suspect that the agents have signed bills on your behalf without checking the mates

receipts or without noting on the bills any remarks which are in the mates receipts inform

your owner or manager immediately;

the bill of lading is not presented at the discharge port by the person requesting delivery of

the cargo - notify your owner or manager or the P&I correspondent immediately.

Golden Rules

never sign wrongly dated bills;

never sign clean bills for damaged cargo or for cargo which is not in apparent good order

and condition;

never sign bills for cargo which has not been loaded;

always call the P&I correspondent if you have any problem with the condition and quantity

of cargo or with the bills of lading;

never deliver cargo to a third party without presentation of the original bill;

never discharge cargo against a letter of indemnity without your owners or managers

or the Clubs agreement.

If it is agreed to retain one original bill of lading on board against which the cargo may be

delivered, the shippers/charterers instructions for procedures at the discharge port must be

strictly followed. In such a case, to protect the shipowner from a claim for mis-delivery of the

cargo, all original bills of lading should be endorsed as follows:

One original bill of lading retained on board against which delivery of cargo may properly be

made on instructions received from shippers/charterers.

always advise your owner or manager of any deviation which involves cargo discharge.


14/18

12St o w a w a y s a n d Sh ip Se c u r it y

The costs of repatriation of stowaways (as well as sick crew members) are covered by the Club.

Repatriation of stowaways can be difficult, time consuming and expensive always complete a

thorough stowaway search before departure and always maintain a gangway watch.

Stowaways

What to do when stowaways are found:

confine them to a secure area, particularly when in port or coastal waters (in port it may

be necessary to arrange for security guards);

search them and their place of concealment for identification papers, weapons or drugs;

if no identification papers are found, interview the stowaways and endeavour to ascertain

the following information:

name of stowaway;

stowaways date and place of birth;

nationality of stowaway;

name, date and place of birth of either or both of the stowaways parents;

postal and residential address of the stowaway and either or both parents;

stowaways passport No., together with date of and place of issue;

stowaways next of kin, if different from above.

advise your owner or manager immediately and the P&I correspondent at the next port as soon

as possible, providing all available details and the ships future itinerary;

treat them firmly, but humanely, allowing adequate sustenance;

do not add stowaways to the crew list.

make a note of any pre-existing illness or injury.

Drugs

Fines for drugs discovered on board may be covered by the Club.

If drugs are discovered:

if your owner or manager is a signatory to either the UK Anti Drug Alliance or US Sea Carrier

Initiative Agreement, follow the guidelines set out in those agreements;

inform your owner or manager, the appropriate authorities and the P&I correspondent at the next

port immediately;

photograph the drugs in their place of concealment;

ensure that retrieval of the drugs and stowage in a secure place, preferably in the ships safe, is

witnessed;

minimise all contact with the substances and DO NOT attempt to taste or smell them;

record full details of the discovery and subsequent procedures in the log book, and follow this

up with a full written report.


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13


16/18

14C o n t a c t s

The Standard P&I Clubs are managed by companies within the Charles Taylor Consulting group. You should

contact our London office or any of the following offices listed opposite.

UK London

Charles Taylor & Co. Limited

International House, 1 St. Katharines Way

London, E1W 1UT England

Telephone: +44 (0) 20 7488 3494

Fax: +44 (0) 20 7481 9545E-Mail: p&[email protected]

Websites: www.standard-club.com

www.CharlesTaylorConsulting.com

Emergency cellular telephone number: +44 (0) 7932 113573


17/18

15For fur ther In form at ion c ontac t the

St a n d a r d C lu b s M a n a g e r s o r t h e ir o f fic e s a r o u n d t h e w o r ld

Australia Sydney

Charles Taylor P&I Management (Australia)

Level 10, 8 Spring Street

Sydney, NSW 2000

Australia

Telephone: +61 2 9252 1599

Facsimile: +61 2 9252 9070

E-Mail: p&[email protected]

Hong Kong

Charles Taylor P&I Management (Hong Kong)

2001-3 20/F SUP Tower, 75-83 Kings Road

North Point, Hong Kong

Telephone: +852 2527 3215

Facsimile: +852 2838 4499


Japan Tokyo

The Standard P&I Club Japan Liaison Office

3/Fl. Parkside 7 Chiyoda-Ku,

2-10-12 Kandatsukasa-cho

Tokyo 101-0048

Telephone: +81 3 3255 2272

Facsimile: +81 3 3255 2209


Philippines Manila

Charles Taylor P&I Management (Philippines)

Suite 303, Marbella Manila Building

2071 Pres. Roxas Blvd., Malate

Metro Manila 1000

Telephone: +63 2 521 8623

Facsimile: +63 2 521 1987


USA Houston

Charles Taylor P&I Management (Houston)

1111 North Loop West, Suite 920Houston, Texas 77008

Telephone: +1 713 993 9775

Facsimile: +1 713 993 9746


Bermuda Hamilton

Charles Taylor & Co. (Bermuda) Limited

Dallas Building, 7 Victoria Street

Hamilton, Bermuda

PO Box 1743 HMGX

Telephone: +1 441 292 3103

Facsimile: +1 441 292 8992


Telex: 3343 BA

India Mumbai

Richards Hogg Lindley (India) Limited

319 Maker Chambers V, 221 Nariman Point

Mumbai, India

Telephone: +91 22 283 5851/2 (91) 22 282 2560

Facsimile: +91 22 283 59151


Mexico

Charles Taylor Consulting Mexico, S.A. de C.V.

Insurgentes Sur 1027, Desp.202

Col. Ciudad de los Deportes, Mexico D.F/ 03710

Mexico

Telephone: +52 5 598 8858

Facsimile: +52 5 598 50567


Singapore

Charles Taylor Mutual Management (Asia)

Pte. Limited

140 Cecil Street, 10-02 PIL Building

Singapore 069540

Telephone: +65 221 1060

Emergency mobile: +65 9624 5797

Facsimile: +65 221 1082

E-mail: p&[email protected]

USA New York

Charles Taylor Mutual Management Inc.

40 Exchange Place, New YorkNY 10005-2701

Telephone: +1 212 809 8085

Emergency mobile: +1 646 321 2146

Facsimile: +1 212 968 1978


Greece Piraeus

Charles Taylor & Co. Limited

c/o Richards Hogg Lindley

(Hellas) Ltd., 85 Akti Miaouli,

Piraeus 185 38, Greece

Telephone: +30 1 429 0733 (30) 1 429 0734

Emergency mobile: (30) 944 761147

Facsimile: +30 1 429 0818 (30) 1 429 0950


Indonesia Jakarta

Charles Taylor P&I Management (Indonesia)

Gedung Artha Graha, Lantai 16

Kawasan Niaga dan Hunian

Terpadu Sudiram Kav 52-53, Jakarta

Telephone: +62 21 515 2084

Facsimile: +62 21 515 2085

After hours: +62 21 740 1245

Emergency mobile: +62 816 994 704


Netherlands Rotterdam

Charles Taylor P&I Management (Netherlands)

Rotterdam Building, Aert Van Nesstraat 45

3012 CA Rotterdam

Telephone: +31 10 411 1690

Facsimile: +31 10 433 3530

After hours: +180 550 459 (31) 10 414 8247

Emergency mobile: +31 653 194564 (31) 653 188137


Taiwan Taipei

Charles Taylor P&I Management (Taiwan)

1205-7 12/f , 237 Fu Hsing South Road

Sec 2, Taipei 106 Taiwan, ROC

Telephone: +886 2 2706 6509

Facsimile: +886 2 2700 1441



18/18

The Standard P&I Clubs loss prevention programme focuses on best practice

to avert those claims that are generally described as avoidable, and which

often result from crew error or equipment failure. In its continuing

commitment to safety at sea and the prevention of accidents, casualties and

pollution, the Club issues a variety of publications on safety-related subjects,

of which this is one. For more information about these publications please

contact either the Managers London Agents or any Charles Taylor office listed

in this guide.

Alternatively visit the clubs website www.standard-club.com

A Masters Guide to Shipboard Accident Response is pub lished on behalf of t he Standard P& I Club,by the Managers London Agents, Charles Taylor & Co Limited, International House, 1 St Katharines Way, London E1W 1UT.

a master's guide for shipboard accidents response 2 - the standart

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