4 | Seaways | May 2019 Read Seaways online at http://www.nautinst.org/seawaysA
friend was working on an insurance claim in which a stevedore
lost his life due to inadequate oxygen in the cargo hold. He
asked my advice on who should be held responsible – the
vessel, the stevedore or the port?
I recapped the following two cases to help explain the situation,
based on my experience. I am not debating here who is responsible from
the legal claim perspective. I am more interested in clarifying whose
responsibility it should be to ensure safety on board, with the objective of
saving life. Let’s go through the facts.Case study 1
A Capesize vessel had come to port to discharge coal. This vessel had a
peculiar hold design where the Australian ladders were in an enclosed
compartment, with a door to enter the hold about 3m above the tank top.
These compartments were oxygen-deficient and also allowed toxic gases
to accumulate as there was no means of forced ventilation. Any stevedore
entering this area risked death due to lack of oxygen in the compartment.
The port therefore insisted that the stevedores should enter from the
Australian ladder side only after adequate natural ventilation of these
spaces. Initially, stevedores were advised to use the vertical ladders for
entry into the hold instead of the Australian ladder.
The port instructed the vessel to ensure that no entry into the hold
through the Australian ladder was permitted, and the booby hatch was to
be kept closed and locked. Port required that when the cargo level in the
holds was below the lower door of the Australian ladder space, the booby
hatch and lower door should be opened by ship’s staff, taking all safety
precautions. Only after confirming that the space was gas-free should
stevedores be allowed to enter the Australian ladder space.Case study 2
A vessel was discharging wood chip and the shore equipment could not
discharge the cargo from under the coaming area. An excavator was put
inside the holds to shift this cargo into the hatch square area.
After being inside the holds for a few minutes, the excavator operator
started feeling uneasy and managed to come out from the cargo hold on
his own. Upon investigation, it was realised that by shifting the wood chip
from the ends of the hold to the centre area gases were released from
within the cargo, reducing oxygen levels in the holds.
Had the excavator operator collapsed inside the hold, with no one able
to save him, who would have been responsible for ensuring that holds
were gas-free (given that cargo holds are designated enclosed spaces)?Some points worth considering are listed below:
O In some less developed countries, stevedores may be recruited from
farmers or fishermen who have been affected by port development. In
particular, this may be the case for sweeping gangs, who go inside the
hold and sweep the last few remnants of the cargo.
O Stevedores may not be educated or trained in using oxygen analysers.
O Many ports are in remote areas, where there are no facilities to calibrate
oxygen analysers.
O Ports may be too small or recent to buy and maintain oxygen analysers
and their safety teams may be very small.
O Vessels have educated staff on duty 24/7.
O Vessel staff know how to operate their equipment.
O Vessels must send their equipment for servicing once a year.
On this basis, the vessel should be responsible for checking the
oxygen level inside the hold before stevedores are allowed to go inside.
As ‘stevedores are the servants of the Master’ and work under the
supervision and direction of the vessel, this makes sense.
The vessel should make it clear to stevedores in writing that they
are not allowed enter the holds without clearance from the vessel. If
stevedores ignore these instructions and do go inside the holds, vessels
should issue a letter of protest noting the non-compliance.
While it is the vessel’s responsibility to check the gas level, it is
nevertheless highly recommended that the port also check the gas
level, especially for cargoes like woodchip. As an additional precaution,
stevedores should use a small portable oxygen analyser with audio
alarms for the excavator operator – or ideally for all stevedores.Sharing knowledge, sharing safety
According to training company Vistrato, in 2018 there were at least 24
enclosed space fatalities on ships carrying solid bulk cargoes in 2018 – the
highest number for a decade. Of these, 18 were shore workers and six
were crew members. There were 17 such fatalities in 2017, the second-
worst year on record. In the reporting period 1999–2018, total fatalities
were 125, of which 106 were due to asphyxiation arising from oxygen
depletion and/or toxic gases in the cargo holds or adjacent spaces.
Education and knowledge-sharing are vital, yet neither of the case
studies above was shared with other ports. Ports worry that their
reputations will be damaged if such information were to leak out.
However, details of incidents can be shared anonymously in MARS
reports, which do not identify the port or the country. Sharing this kind of
information allows people to learn from the mistakes of others. We should
never have a casualty from a similar cause take place in the same state,
the same country, same continent or even on the same planet.
Today we enjoy unprecedented global connectivity. We should use this
to chart a course towards a safer environment by creating awareness of
hazards and ways to mitigate them. We still lack the momentum and the
necessary depth of collaboration within the industry to deliver a safer
environment for mankind.
To reduce risk in shipping we have to work together – that is the key to
making the industry safer for everyone. On occasion, P&I clubs discover
areas of risk and areas where responsibility is unclear, and I urge them to
share and recommend solutions – especially where such uncertainty may
lead to loss of life.
IMO needs to step in and make regulations concerning safety of life on
vessels when in port. [See Seaways, Nov 2017 , ‘Is it time for safety of life
in port?’].Who’s responsible – vessel, stevedore or port?
Captain’s column
Captain Hemant Gupta AFNI
Operator insideWood