a master s guide to shipboard accident response
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The Standard
Masters Guide to Shipboard Accident Response
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Masters Guide to Shipboard Accident Response
The purpose of this guide is to list, in simple terms, the actions whichmasters 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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Contents
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Introduction
Basic Advice
Collection of Evidence
Death or Injury
Collisions and Property Damage
Pollution
Cargo Loss or Damage
Bills of Lading
Stowaways and Ship Security
Contacts
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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 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.
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 pollut ion;
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 condit ions 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 writ ing;
sign a document which you know contains incorrect information;
think the problem will go way if you do nothing.
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BasicAdvic
e
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Notes:
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.
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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 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.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 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;
if possible, identify the source and cause of the pollut ion;
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 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.
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CargoLossorDam
age
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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.
Note:
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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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 authorit ies 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, Bermuda
PO Box 1743 HMGX
Telephone: (441) 292 7655 Fax: (441) 292 8992 Telex: 3343 BA
Charles Taylor Mutual Management (Asia) Pte. Limited140 Cecil Street, # 10-02 PIL Building
Singapore 069540
Telephone: (65) 221 1060 Fax: (65) 221 1082
E-Mail: [email protected]
Charles Taylor P&I Management
40 Exchange Place
New York, NY 10005-2701
Telephone: (1 212) 809 8085 Fax:(1 212) 968 1978 Mobile: (917) 592 2765
E-Mail: [email protected]
Charles Taylor P&I M anagement (Houston)
1111 North Loop West, Suite 920
Houston,Texas 77008
Telephone: (1 713) 862 3366 Fax:(1 713) 862 6924
Charles Taylor P&I M anagement (Hong Kong)
2001-3, 20/F., Sup Tower
75-83 Kings Road, North Point, Hong Kong
Telephone: (852) 2527 3215 Fax:(852) 2838 4499
E-Mail: [email protected]
The Standard P&I Club Japan Liaison Office
3/ Fl., Parkside 7 Chiyoda-ku
2-10-12 Kandatsukasa-choTokyo 101 0048
Telephone: (81 3) 3255 2272 Fax:(81 3) 3255 2209 Mobile: (20) 66 01210
Charles Taylor P&I Management (Philippines)
Suite 303, Marbella Manila Building
2071 Pres. Roxas Blvd.
Malate, Metro Manila 1000
Telephone: (63 2) 521 8623 Fax: (63 2) 521 1987
E-Mail: [email protected]
Charles Taylor & Co. Limited
c/ o R ichards Hogg Lindleys61-65 Filonos Street
Piraeus GR 183535
Telephone: (30 1) 411 5591/ 2 Fax: (30 1) 411 5593
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Charles Taylor P&I Management (Sydney)
Level 11, 8 Spring Street
NSW 2000,Australia
Telephone: (62 2) 9250 2800 Fax: (62 2) 9252 9072
E-Mail: [email protected]
Charles Taylor P&I M anagement (Indonesia)
Gedung Artha Graha,Lantai 16
Kawasan Niaga dan Hunian
Terpadu Sudirman Jl. Jend. Sundiram Kav. 52-53
Jakarta 12190, Indonesia
Telephone: (621) 5152084 Fax: (621) 5152085
or any of the P&I correspondents listed in the Club Rule Book.
The Standard Steamship Owners' Protection & Indemnity Association (Bermuda) Ltd.
The Standard Steamship Owners' Protection & Indemnity Association (Europe) Ltd.
The Standard Steamship Owners' Protection & Indemnity Association (Asia) Ltd.