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Loss Prevention Reports

Topical loss prevention articles produced by the Club





Loss Prevention News has developed from an annual loss prevention news report to a portal of regular articles published throughout the year. Below is a list of articles written by or on behalf of the Club on various issues that cause or affect claims.


Feature articles



: Bridge Technology - limitations and evidence preservation


As well as covering the limitations of bridge equipment, this article also looks at AIS, GPS, ECDIS, VDR and other bridge equipment, detailing how, in an emergency, they can capture and preserve vital information and evidence of events leading up to an incident.

: Aims to curb marine pollution


The UK Club has produced, in partnership with Lloyd's Register, a pocket checklist designed to reduce the likelihood of ships being detained by Port State Control. The checklist is a practical guide that advises masters and owners about their general approach to Port State Control and highlights MARPOL deficiencies that often lead to detention.

: Dangerous goods


The Club, with the support of several Members, has launched Book it right and pack it tight – a set of four guidebooks on the workings of the International Maritime Dangerous Goods (IMDG) Code. They are designed to provide busy operational people, who are not experts in the IMDG Code, with a quick reference and practical everyday guidance to the IMDG Code rules.

: Accidents - are they avoidable?


An accident or incident is an unplanned chain of events which has, or could have, caused injury or illness and/or damage to people, assets, the environment or reputation. Based on modern research, this report describes the components of an accident, and how they can be identified before an accident occurs.

: Stowaway issues


This article covers regulatory stowaway issues in Singapore, Brazil, Kenya, South Africa and the USA. The report reveals how stowaways are hiding in ship's rudder housing, as well as covering the legal complications of landing stowaways even when they possess valid travel documents or passports.

: ISPS ship security


Good security is teamwork – a responsibility for all onboard, not just a select few, to protect and secure their environment. This supplement illustrates just a few examples of the positive ways in which Members’ crews have responded to the need for onboard security and the preventive measures used to tackle this ongoing, ever-evolving, problem.

: The human element - errors and violations


Over the past two decades there has been a growing appreciation of the many and varied ways that people contribute to accidents in hazardous industries or simply in every day life. Not long ago most of these would have been lumped together under the catch-all label 'human error'. Nowadays it is apparent that this term covers a wide variety of unsafe behaviours.

: Ship inspection programme


While the general condition and operational and maintenance standards of ships entered with the UK P&I Club are getting better, the improvements will have to continue. Club managers believe that rising insurance costs and ever more demanding legislation and regulation mean that the 'quality momentum' is not only desirable but unavoidable.

: Cruise and ferry matters


The carriage of disabled passengers on ferries and cruise ships is an issue which is creating difficulties for the industry world-wide. Without international regulations, and few, if any, national requirements tailored to ship operators, the shipowner is faced with a dilemma.

: Container Matters


The container revolution of the 1960s was deemed to be the solution to limiting cargo damage, but has experience proved otherwise? A considerable proportion of the Club’s time is taken up handling container cargo claims where 25% of the damage is physical, 14% temperature related, 11% containers lost overboard, 9% theft and 8% shortage.

: Taking care


Recently an English railway company was fined a record £1.5 million (US$2,400,000) for a criminal offence arising out of a rail crash that killed 7 people and injured 150. The fine was the largest imposed on an individual company. The previous record was £1.2 million, although four companies were fined a total of £1.7 million following the collapse of an elevated walkway.

: Crime watch


Signum Services Ltd is the investigative arm of Thomas Miller & Co. Ltd. and conducts investigations on behalf of the Members of the UK P&I Club, the TT Club and ITIC. Signum comprises a team of two investigators who travel the world enquiring into every type of criminal activity which affects Club Members.

: Taking care


It was suggested that as the P&I clubs handle stowaway cases on behalf of the majority of the world's merchant fleets, they must hold a lot of statistical information which, if consolidated, would provide a reliable base for the industry to identify and begin to address the problem areas.


Prior to 2007 LP News was an annual Loss Prevention publication. Individual articles are now posted here in order to provide Members with a more frequent and efficient service.


Issue 18 - March 2006
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Pollution
Worldwide - Oily water separator – maintenance/ operational recommendations
Worldwide - Port State Control Concentrated Inspection Campaign
Worldwide - HNS Convention and OPRC-HNS Protocol
United Kingdom - Lessons to be learned from oil pollution prosecution
Brazil - Ballast water management requirements

Cargo
Worldwide - Petcoke hold washings
Worldwide - Carriage of fluorspar cargoes
Worldwide - Bird flu and its effect on the shipping industry
Western Australia - Alumina loading
China - Illegal shipments of thiourea dioxide

Risk Management
Scotland - Health & Safety breaches: Time for a change in culture?
South Africa - Befriending stowaways

Admiralty
Queensland, Australia - Anomaly in collision liability – 19th century law still applies

Fines
Novorossiysk, Russia - Carriers' improper declaration to customs authorities

Legal
England - House of Lords' decisions

Crew Matters
Worldwide - Immunization
Mumbai, India - 100,000th examinee for UK Club's PEME Programme
USA - Serious Marine Incident – alcohol and drug testing requirements
USA - Crew must take US visa restrictions very seriously


Issue 17 - November 2004
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Cargo matters
Worldwide - Carriage of coal cargoes
Ukraine - Discharge of bagged rice

Stowaways
Singapore - Discharge of bagged rice
Brazil - Stowaways from African ports
Mombasa, Kenya - Problems with disembarking stowaways
Durban, South Africa - Stowaways - ISPS Code
West Coast USA - Reoccurrence of Chinese stowaways

Regulations
Worldwide - New limits on sulphur in marine fuels
USA - USCG enforcing ballast water management regulations
Australia - Crew immigration clearance requirements

Taking Care
Panama Canal, Panama - Accident and cargo claims
USA - The dangers of entering confined spaces

P&I entry
Japan - Compulsory insurance requirements for non-tanker vessels
Australia - Confirmation of P&I entry

Case summaries
Is inability of goods to withstand the ordinary perils of a sea voyage a new category of inherent vice?
A charterer cannot limit his liability in respect of damage to ship
Construction of a damage limitation clause in a contract for the carriage of goods by sea to see if the same is qualified by Art. 10 of the Hague Rules ('the Gold Clause Trap')

Personal injury
Republic of Ireland - Personal injury claims: a changing landscape

ISPS summary
ISPS and legal implications


Issue 16 - September 2003
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Taking care
Oily water separator - pipe removal
Fumigation (phosphine) explosions
Proving a point
Problems with solid carbon dioxide in ships stores
USA - Dealing with US law enforcement officers
Novorossiysk, Russia - Declaration of medicines in first aid kits

Crime watch
Fraudulent shipments of plastic waste
Container security
USA - Watch your butts
Obtaining cargo by fraud

Case studies
STARSIN [2003] - Bills signed by charterers as 'carrier': owners' or charterers' bill?
HAPPY RANGER - Does a bill of lading need to be issued under Section 1(4) COGSA 1971 before the Act can bite?
RAFAELA S [2003] - Is a straight consigned bill of lading a "bill of lading" within section 1(4) COGSA 1971?
Trafigura Beheer BV v Golden Stavraetos Maritime Inc [2003]- What constitutes delivery within the meaning of Art III Rule 6 of the Hague-Visby Rules?
JORDAN II [2003]- Can owners transfer away responsibility for cargo operations?

Ship inspection
Inspectors' suggestions

Cargo matters
Clinical waste must be properly stowed
Cargo shortage claims - who's responsible?
West Indies - coffee contaminated by wood preservatives
Fake cargoes
Rotterdam - fireworks restrictions
The merits of carrying carefully
Ferro silicon
CHIRP

Stowaways
South Africa - fines for ships arriving with stowaways

New regulations
US visas for foreign seamen - new interim rule
Paris MOU - New inspection rules
Mandatory introduction of the IMDG Code
Netherlands - Air Pollution

Miscellaneous
Disappearing act


Issue 15 - October 2002
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Front page
US proposals respond to maritime threat

Claims forum
Hong Kong - enforcement of foreign judgements
Panama - Supreme Court affirms decision
Discrimination claims - Americans with Disabilities Act
Personal injury claims - Hydrogen sulphide alert

Pollution
California, USA - new non-tank vessel salvage requirements
USA - oily water separation equipment

Cargo matters
To clause or not to clause
Handle with care!
Dar Es Salaam - weighbridge accuracy
Hatch coaming drains
Santos, Brazil - theft from containers

Piracy
Somalia - hijacking

New regulations
China - fumigation of wood shipments


Issue 14 - October 2001
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Front page
Medical programme grows from strength to strength
Corporate killing - the key issues

Taking care
Steel plates can cause serious injury
Philippine crew personal injury claims
India - preventing the spread of ebola

Environment
USA - USCG investigates oil record books
Australia - new ballast water requirements
Australia - environmental fines
Assistance in the event of a spill

Fines
Bangladesh - customs fines
Spain - safety fines
Argentina - fines due to non-declaration of bunkers

Claims forum
Members' letters of undertaking

Cargo matters
Iraq - wheat discharge problems
Chiwan, China - bulk cargo discharge disputes

New regulations
United Arab Emirates - ship ban
Spain - new law of civil procedure arrest of ships
IMO reminders
Radioactive materials - new UN numbers
Nigeria - mandatory container inspection and congestion

Stowaways
Stowaway difficulties in Gabon
Stowaways at Italian ports
Tackling the stowaway problem

Evidence
www.warning - who is reading your website?


Issue 13 - September 2000
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Front page
Videos help tackle container claims

Taking care
Crew fitness project involves 12,000 seafarers
Container claims increasing worldwide
Foreseeability of ‘coco loco’ injury is question of fact

Crime watch
Container pilferage - France
ITF impostor

Cargo matters
Contaminated cargo problems at Australian ports
Problems discharging cement in Nigeria

Pollution
Record fine for oil spill

Stowaways
Stowaways
X-ray body checks for lorries

Good practice
Warning - Scrap steel containing live ammunition
Custom fines - Ivory Coast
Store cranes - testing, inspection and maintenance

New regulations
Environmental protection law - China
Regulatory developments California USA
Port state control Venezuela - garbage management

Nautical matters
Why I want to be a captain


Issue 12 - October 1999
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Front page
Analysis of major claims
A clear message

Nautical matters
Navigation and employment

Environment
Under pressure

Cargo matters
Calcium hypochlorite

Evidence
A good record?
Could you prove it?

Claims forum
High cost - what gain?

Fines
No rusty bullets

Cruise & ferry
Generating expenses

Signum
Heartbeat

New regulations
Return of stowaways - Tanzania
Taiwanese Maritime Code
Russian Merchant Shipping Code
Ballast water - USA

Charter right
An unhappy daughter


Issue 11 - May 1999
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Front page
Managing risk in shipping
Marine safety messages - NewsLink

Compliance
Why do you get detained?

Nautical matters
Jumbo bags
Deep trouble

Cargo matters
Bananas
Reefer cargo
Condensation problems
Hazardous cargo in drums

Claims forum
Prescription and proof of loss

Human factor
Arrests in Rio
Sea rage
The outdoor life
Land-locked liability
Incredible journey

Environment
Invasive species
Asian long-horned beetle

New regulations
Oil spill contingency plans, dry cargo trade, California
Regulatory action plan

Good practice
Supplies and services for charterer's account


Issue 10 - December 1998
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Front page
Setting the standard
Loss prevention initiatives

Taking care
Engine room fire

Pollution
Record pollution fine
A cloud of soot

Cargo matters
Containerised fruit
Bagged rice
Wrong orders to chill cargo

Good practice
Identifying vehicle damages on ferries
Delivery of cargo without production of bills of lading
Normal for the trade?

LP internet
Loss Prevention Bulletins

Nautical matters
VHF assisted collisions
Damage to lock-wall, Immingham, UK
Chinese aqua-farms
Large claim payments

Charter right
Year 2000 clauses

New regulations
Regulatory action plan



Issue 9 - May 1998
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Front page
Focusing on tanker cargo
Interactive CD on tanker incidents

Tankers
Commingling oil
In the pink
Chemical contamination

Steel
Steel from the former Soviet Union
Rain letters

Bulk cargoes
Soya bean meal from Indian ports

Reefer cargo
Bananas and drugs
Bananas imported to the former Soviet Union

Deck cargo
Lashing of deck cargo

Shipboard operations
Repaired?
Oil record books
Oil record book - what to do
Oil record book entries
Fuel oil

New regulations
Garbage management
New UK Health and Safety regulations


Issue 8 - December 1997
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New Loss Prevention Initiatives
Bulk Matters
The Mariner's Role in Collecting Evidence

Drugs
Lebanon
Colombia

Navigation
Charts

Cargo
Passivated Direct Reduced Iron
Thiourea Dioxide/Formamidine Sulphinic Acid
Tween deck separations

Cargo care
Clean holds
Painting of holds
Baked ptatoes
Hatch covers and rainy weather

Paperwork
The hazards of incorrectly declared cargo
Dispute between master and French customs

Health & safety
Malaria

Country focus
Singapore bunkering procedures
Health Authority fines in Brazil
Loading steel at Ukrainian ports
Pilferage at Peruvian ports
Bulk shipments
Shortages in Saudi Arabia

Stop press
Bagged Vietnamese rice


Issue 7 - December 1996
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Front page
Cargo matters

Containers
All aboard?
Lightening the Load
Two down

National issues
In the Bag
Iranian outturn
Mexican mugging

Good Practice
Nice weather!
Soundings
Heavyweight - up to a point!
Dependable?
Don’t Delay

Evidence
The complete picture
Sale ahoy!

People
Unfinished business

Nautical
After you?
Any port in a storm?

Cargo Surveys
If in doubt, shout?
Early appointment

Product carriers
Blank looks steamed up
Cooled down

LP ethos
Basic questions

The human factor
The loyal toast
Down and out
Getting your bearings
Unfamiliar territory


Issue 6 - November 1995
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Front page
Taking care
The true cost

On passage
Deadly descent
Cleaned out
Frozen hands
Evening call

Arrival
Missile
Dangerous loops
Shattering shackle
Sting in the tail
Chain gang

Working cargo
Fatal blow
Crushing tragedy
Back breaking
Which way?

Under repair
Dark danger
Backing out
Unpleasant surprise
Sunk by the sink

Returning to ship
One small step
Polished off
Passing by
Fit to drop

Passengers
Doorway danger
Dimly lit
Three in a row

Back page
The hit list
A wealth of experience
Bunker testing - clarification



Issues 1 to 5 can be viewed in plain text in the Miller Encyclopaedia.


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