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.
Although the International Load Line Rules, as the title implies, are in force ‘internationally’, there have been a number of misinterpretations of these rules experienced when ships call at South African ports.
Major accidents involving mooring equipment in the last 20 years have injured many seafarers and have cost the UK Club over US$34 million.
Whilst mooring injuries are the seventh most frequent cause of personal injuries in the Club, they are the third most expensive per claim, indicating how horrific some of these injuries can become.
In conjunction with BMT Marine & Offshore Surveys (Incorporating The Salvage Association) the Club has proposed the following criteria and recommendations for lay-up arrangements in order to minimise P&I claims, including personal injury, wreck removal and pollution, particularly oil leakage, antifouling and other contamination of the local environment. Also damage to third party property, including other vessels, underwater cables, beaches and reefs, pleasure craft and aquaculture.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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
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
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?
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