master's guide to shipboard accident response. the standard, apr-1999, 24 pages.pdf

7/28/2019 Master's Guide to Shipboard Accident Response. The Standard, Apr-1999, 24 pages.pdf

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The Standard

Masters Guide to Shipboard Accident Response


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Protection and Indemnity (P&I) Clubs insure shipowners and managersfor 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 collisiondamage 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 aGuide to P&I Cover which

explains the cover and contains advice on how to prevent claims.

The P&I Club has a network of 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 correspondents are found in the back

of the Rule Book,listed in port order.

Introduction

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Introduction

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Basic Advice

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 takeand 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 an

entry 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.

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BasicAdvic

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Notes:

1 You wi ll 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.

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Collection of Evidence

Remember that the evidence relating to the incident is likely to be found onboard 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.

Shipsmasters 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 becollected, 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.The Mariners 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 shipsmasters.

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CollectionofEvidence

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Death or Injury

Whenever there is a death,injury or even an allegation of injury on board,orin 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 a lawyer);

- 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

appointed surveyor or local correspondent;

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

independent advice received.

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DeathorInjury

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Collisions and Property Damage

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 isto 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;

- 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 and the other ships speed;

The P&I Club does not cover damage caused to the ship itself - that is theresponsibility 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 underwriters or by

both of them. P&I Clubs always insure liabilities 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.

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Co

llisionsandPropertyDamage

5 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 shipsdamage or of the cargo or an accident investigation may be necessary - the P&I

correspondent will arrange these surveys;

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.

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Pollution

The most common type of pollution is by oil. However, P&I cover isnot 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 or

suspect 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 ofoil 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;

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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Pollution

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Cargo Loss or Damage

P&I Clubs do not directly insure the cargo for loss or damage but they doinsure 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 m ates receipts and bills of lading m ay 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.

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Bills of Lading

The bill of lading is a record of the quantity of cargo and of its apparent orderand 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 ask for a surveyor).

It is not your job to decide whether the cargo is marketable, only to decide whether itis in apparent good order and condition, this is particularly relevant to steel cargoes.

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BillsofLading

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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 P&I correspondents 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.

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Stowaways and Ship Security

The costs of repatriation of stowaways (as well as sick crew members) arecovered 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 itmay 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.

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StowawaysandShipSecurity

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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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The Standard P&I Clubs are managed by companies within theCharles Taylor Group plc.You should contact any of the offices listed below:

Charles Taylor & Co. Limited

International House,1 St.Katharines Way

London,E1 9UN England

Telephone:(44) 171 488 3494 Fax:(44) 171 481 9545

Telex:883555 ADNO G

E-Mail: [email protected]

Emergency cellular telephone no.0468 068142

Contacts


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Contacts

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Charles Taylor & Co. (Bermuda)

Dallas Building,7 Victoria Street,Hamilton,BermudaPO Box 1743 HMGXTelephone:(441) 292 7655 Fax:(441) 292 8992 Telex:3343 BA

Charles Taylor Mutual Management (Asia) Pte. Limited140 Cecil Street,#10-02 PIL BuildingSingapore 069540Telephone:(65) 221 1060 Fax:(65) 221 1082E-Mail:[email protected]

Charles Taylor P&I Management

40 Exchange PlaceNew York,NY 10005-2701Telephone:(1 212) 809 8085 Fax:(1 212) 968 1978 Mobile:(917) 592 2765E-Mail: [email protected]

Charles Taylor P&I Manage ment ( Houston)

1111 North Loop West,Suite 920Houston,Texas 77008Telephone:(1 713) 862 3366 Fax:(1 713) 862 6924

Charles Taylor P&I Manag ement ( Hong Kong)

2001-3,20/F., Sup Tower75-83 Kings Road,North Point,Hong KongTelephone:(852) 2527 3215 Fax:(852) 2838 4499E-Mail:[email protected]

The Standard P&I Club Japan Liaison Office

3/Fl.,Parkside 7 Chiyoda-ku

2-10-12 Kandatsukasa-choTokyo 101 0048Telephone:(81 3) 3255 2272 Fax:(81 3) 3255 2209 Mobile:(20) 66 01210

Charles Taylor P&I Management (Philippines)

Suite 303,Marbella Manila Building2071 Pres.Roxas Blvd.Malate,Metro Manila 1000Telephone:(63 2) 521 8623 Fax:(63 2) 521 1987E-Mail:[email protected]

Charles Taylor & Co. Limited

c/o Richards Hogg Lindleys61-65 Filonos StreetPiraeus GR 183535Telephone:(30 1) 411 5591/2 Fax:(30 1) 411 5593


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master's guide to shipboard accident response. the standard, apr-1999, 24 pages.pdf

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