Container Carriage a Selection of Articles Previously

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A selection of articles previously Container carriage published by Gard AS

3 Contents

Introduction 4 New cargo reporting requirements in the US 5 New guidance for stuffing containers 7 English law - Has justice finally been done on the calcium hypochlorite cases? 8 Carriage of liquids in flexi-tanks 10 US law - COGSA’s USD 500 per package or customary freight unit limitation 13 Recent container losses from vessels using automatic locks 14 Update: Container losses from vessels using fully automatic container locks 15 Inspection and certification of cargo containers 16 Stability of multi-purpose general cargo and container ships 18 Containers – latent defects 20 Container types and problems 22 Porthole reefer containers 27 Containers overboard close to port limits 29 Will your containers shift - Some points to check 30 Shifting containers 32 Containers 34 Container stack collapse – Overweight and unfit containers 36 Gard’s additional covers – Container and Equipment Cover 38 Recommendations on carriage of Calcium Hypochlorite UN Nos. 1479, 1748, 2208, 2880 by the International Group of P&I Clubs 39 Recommendations on the carriage of calcium hypchlorite 40 Container security moves a step forward 41 Fumigation of cargo on board ships: the invisible killer 43

Disclaimer

The information contained in this publication is compiled from material previously published by Gard AS and is provided for general information purposes only. Whilst we have taken every care to ensure the accuracy and quality of the information provided at the time of original publication, Gard AS can accept no responsibility in respect of any loss or damage of any kind whatsoever which may arise from reliance on information contained in this publication regardless of whether such information originates from Gard AS, its shareholders, correspondents or other contributors.

This booklet contains a collection of spotting unfit containers. Similarly, containers deserve particular loss prevention material relating to the if the shipper stuffs the container attention. Reference should be carriage of containers, which has been himself, there should be a system in made to the cargo securing manual. published by Gard over the years. place for spot checks on container The securing equipment used on weights. Suspected fraud and/or board should be of the same type/ Container cargo claims account for a breaches of safety, including the design. This is particularly relevant large proportion of all cargo claims, misdeclaration of the contents of to twistlocks, where the locking both in terms of frequency and cost. the containers (particularly where position can differ depending This booklet contains material with undeclared dangerous goods are on type/design. A system should numerous examples of incidents shipped), should be taken seriously also be in place for checking that resulting in large container cargo and contractual carriers are securing equipment is maintained claims. encouraged to share information in good order and condition. on “rogue” shippers with other Records are required to be kept in The following ten points serve as carriers. The securing of contents the Cargo Securing Manual. a reminder of what should assist in within the container is often found avoiding container claims and the to be lacking and the contractual 8. The vessel’s courses and speeds accompanying liability. carrier should be prepared to should be adjusted to minimise work with shippers to ensure the forces on the container stows/ 1. The contractual carrier, who will that securing arrangements can securing arrangements. Weather often face liability to cargo interests adequately withstand the typical forecasts should be checked before in the first instance, needs to be forces encountered during the and regularly during the voyage. satisfied that the operations of carriage. The vessel may also be able to sub-contractors, e.g terminals, and adjust it’s stability so performing carriers, e.g feeder 4. Shippers’ carriage instructions, as to avoid excessive rolling. vessels, are of an acceptable eg set point temperature, should standard. Contractual terms also be checked and cross-referenced. 9. Other checks, documentation need to ensure that ultimate Ambiguous instructions should be and records. Containers should liability falls on the responsible clarified. Carriers should ensure that be fitted with security seals and a party. To meet those liabilities, the instructions can be complied with in system should be in place to check contractual carrier also needs to practice. Instructions also need to the status of the seal and the seal be satisfied that sub-contractors be properly communicated to sub- number each time the container is and performing carriers have an contractors and performing carriers. handled. Documentation issued by acceptable financial standing and the carrier needs to be checked to that their liabilities are covered 5. It is in both the contractual and ensure that it is accurate and that by a financially sound insurance performing carriers’ interests to details are consistent throughout. company. ensure that containers are properly Proper records need to be stowed, taking into account limiting kept for all checks. Contractual 2. The contractual carrier often weights, such as tier and stack obligations can be placed on provides the cargo interests with weights. In general terms, heavy performing carriers to provide the container itself. Clearly, the containers in the upper tiers should their documentation/records to container should be fit for its be avoided. contractual carriers. purpose and in good condition. Cargo care systems, such as 6. Dangerous goods deserve special 10. If an incident does occur, a refrigeration systems, should be in mention. Both the contractual and Gard office and/or the local good working order. There should performing carriers need to be correspondent should be contacted be a system in place for checking satisfied that dangerous goods are to assist. containers before they are used properly declared and documented (e.g. pre-trip inspection) and for and that containers are properly Expanded commentary on the above dealing with containers that suffer labeled. Reference should be points can be found in the material problems during the carriage. made to the IMDG code. Amongst enclosed in this booklet. So please read Contractual duties can be placed other things, dangerous goods on and challenge your operation to on performing carriers, such as have specific stowage/segregation improved container claims record. dealing with a breakdown of a requirements and it container’s refrigeration system. is very important that these are More detailed instructions can be adhered to. issued separately. 7. The securing of containers on 3. If the shipper uses his own board should be checked before container, the contractual carrier departure. Securing arrangements should have a system in place for on vessels not purpose built for

Gard News 198, New cargo reporting May/July 2010 requirements in the US

Vessel operating ocean carriers are loaded aboard the vessel for the US. or collect CSM information. The now required to submit two additional The CBP will use the VSP information carrier must electronically transmit the data elements to the US Customs and to compare with the containers listed information via a CBP-approved sFTP Border Protection for all containerised on the vessel’s manifest in an effort to no later than 24 hours after messages shipments to the US. identify un-manifested containers. The are entered in the carrier’s system. carrier must transmit the VSP for vessels The following are events for which CSM As of 26th January 2010, the US transporting containers no later than 48 are required: Customs and Border Protection (CBP) hours after the carrier departs from the - Booking confirmation is enforcing new cargo reporting last foreign port. For voyages of less - Terminal gate inspection requirements for importers and vessel than 48 hours, the information must be - Container arrives at/departs from a operating ocean carriers who are transmitted prior to the vessel’s arrival facility or terminal port transporting cargo to the US. This at the first port in the US. The VSP must - Loaded or discharged during rule is known as both the Importer be transmitted via Automated Manifest transport (includes ship, barge, rail or Security Filing (ISF) and 10+2. 10+2 is System (AMS), a secure file transfer truck movement) shorthand for the number of advance protocol (sFTP), or e-mail. The VSP - Vessel arrives at/departs from a port data elements CBP is requiring be must include the following information: - Intra-terminal movement submitted. This article will concentrate - Order from container loading or on the “+2” aspect of the rule, as With regard to the vessel: discharge those two requirements apply to - Vessel name (including IMO number) - Confirmation after completed loading carriers.1 However, it should be noted - Vessel operator or discharge that carriers may, in certain instances, - Voyage number - Container being taken out of also be considered importers and circulation for repairs required to file ISFs2 for containerised With regard to the container: cargo, bulk and break-bulk shipments - Container operator arriers may transmit their “global” CSM, including Ro-Ro shipments, and cruise - Equipment number including CSM relating to containers vessels that are required to file cargo - Equipment size and type that do not contain cargo which will declarations.3 - Stow position enter the US and CSM relating to - Hazmat code (if applicable) events other than those required. By Under the new reporting requirements, - Port of loading doing this, a carrier authorises CBP to vessel operating ocean carriers are - Port of discharge access and use that data. For each required to electronically submit two CSM submitted by the carrier, the additional data elements to the CBP According to the CBP, the vessel following information must be included: for all containerised ocean vessel operating carrier, not the non-vessel - Event code being reported, as shipments loaded in TEUs, FEUs, operating carrier (NVOC), is responsible defined in the American National reefers and ISO tanks inbound to for filing the VSP. The carrier must Standards Institute (ANSI) X.12 or the the US: Vessel Stow Plan (VSP) and submit accurate and timely plans for United Nations rules for Electronic Container Status Messages (CSM). The containerised cargo and submit new Data Interchange for Administration, purpose is to better assess and identify and accurate VSPs immediately upon Commerce and Transport (UN high-risk shipments to prevent terrorist discovering any inaccuracies. For bulk EDIFACT) weapons and materials from entering and break-bulk carriers shipping part - Container number the US. container cargo, the CBP requires - Date and time of the event being the carrier to submit a VSP for all the reported The following are exempt from the containerised cargo aboard the vessel. - Status of the container (empty or full) carrier’s +2 reporting requirements: (1) - Location where the event took place bulk and break-bulk carriers including Container Status Messages - Vessel identification associated ro-ro carriers that are exclusively CSM report container movement with the message if the container is carrying bulk and break-bulk cargo and changes in status (e.g., full or associated with a specific vessel and (2) carriers of goods (including empty). If a carrier is currently creating containerised cargo) arriving by vessel or collecting CSM in an internal As with the VSP, the CBP requires the into Canada or Mexico and afterwards equipment tracking system, that vessel operating carrier, not the NVOC, trucked or railed into the US. carrier must submit CSM daily to CBP to submit CSM. regarding certain events relating to Vessel Stow Plan all containers destined to arrive within Violations A VSP (also known as BAPLIE, which the limits of a port in the US by vessel. The CBP will impose fines of at stands for bay plan/stowage plan Carriers are not required to create or least USD 5,000 per violation with a occupied and empty locations collect any CSM data other than what maximum fine of USD 100,000. The fine message) will be used to transmit the carrier already internally creates level will depend on whether violations information about the physical location or collects. If a carrier does not have are in connection with international of cargo, in particular dangerous goods an internal tracking system, then the consignments with a final destination in and other high-risk containerised cargo, CBP does not require carriers to create the US, whether the goods are in transit

© Gard AS, July 2014 6 through the US, or whether the advance Requirements” on these reporting to the cargo being laden aboard a information has not been submitted requirements. This article provides vessel destined for the US. The five on time, is insufficient or incorrectly a more in-depth look at the specific data elements that must be submitted reported on the VSP or CSM. requirements for carriers, while the are (1) booking company, (2) foreign circular is a more general overview of port of discharge, (3) pace of delivery, Further information concerning the new the Rule as it applies to both importers (4) ship to name and address, and (5) requirements can be obtained from and carriers. commodity HTSUS number. the CBP website at www.cbp.gov/xp/ 2 See Federal Register, Vol. 73, No. 3 Tankers are also exempt from filing cgov/trade/cargo_security/carriers/ 228. 25th November 2008. pp 71731- ISFs, as they are considered outside the security_filing/. 71733. For certain limited purposes, scope of the rule. the carrier may be treated as an Footnotes importer; for example, with respect 1 Gard has recently issued Loss to foreign cargo remaining on board Prevention Circular No. 03-10, “US (FROB)and be required to submit Customs regulations Importer information concerning five of the 10 Security Filings and Additional Carrier importer data elements to CBP prior

Existing requirements New requirements

Requirements Advance cargo information Vessel Stow Plan Container Status Messages (i.e., Trade Act Requirements or 24 Hour Rule)

Timing 24 hours prior to loading 48 hours after departure; 24 hours after the message prior to arrival for voyages of is entered into carrier’s less than 48 hours equipment tracking system

Submission method essel AMS essel AMS, sFTP, or sFTP e-mail

Elements - Bill of lading number With regard to the vessel: - Event code reported, as - Foreign port before vessel - Vessel name defined in ANSI X.12 or UN departs for US - Vessel IMO number EDIFACT - Carrier SCAC - Vessel operator - Container number - Carrier assigned voyage - Voyage number - Date and time of the event number With regard to each being reported - Date of arrival at first US container: - Status of the container port - Container operator (empty or full) - Quantity - Equipment number - Location where the event - Unit of measure of quantity - Equipment size and type took place - First foreign place of - Stow position - Vessel identification receipt - Hazmat code (if applicable) associated with the - Commodity description (or - Port of loading messages if the container six digit HTSUS number) - Port of discharge is associated with a specific - Commodity weight vessel - Shipper name and address - Consignee name and address or IS number - Vessel name - Vessel flag - Vessel IMO number - Foreign port of loading - Hazmat code - Container number - Seal number - Date of departure from foreign port - Time of departure from foreign port

Gard News 197 New guidance for February/April 2010 stuffing containers

The International Chamber of Shipping the relevant parties. In particular, followed by shippers and carriers (ICS) and the World Shipping Council it recommended the International world-wide. Owners and operators are (WSC) have published new industry Chamber of Shipping (ICS) to “work recommended to use this guidance guidance for shippers and container with industry to develop, then promote when receiving bookings from shippers. stuffers concerning the safe transport of adherence to, a best practice safety containers by sea. code”. Footnotes 1 See the article “English law - has Much has been written recently, both Together with the World Shipping justice finally been done on the calcium in Gard News and other publications, Council (WSC), the ICS has done just hypochlorite cases?” in Gard News about the importance of properly that. This guidance, “Safe Transport of issue No. 196. and correctly stuffing containers and Containers by Sea - Industry Guidance accurately declaring the contents, for Shippers and Container Stuffers”, is 2 The synopsis of the report can and of the risk of loss and damage to also supported by the Global Shippers’ be found at www.maib.gov.uk/ people, the environment and property Forum. The guidance is extracted from cms_resources.cfm?file=/Annabella_ if this is not done. Gard has direct “Safe Transport of Containers by Sea Synopsis.pdf. experience of a major casualty caused - Guidelines on Best Practices”, which by a shipper’s failure to accurately was published by ICS and WSC late last describe to the carrier the nature of year. goods loaded in a container.1 The “Industry Guidance for Shippers One other example may stand for many. and Container Stuffers” is being In September 2007, the UK Marine distributed free of charge throughout Accident Investigation Branch (MAIB) the shipping industry and can be published its report into the collapse, downloaded from www.marisec.org/ on the laden passage of a short-sea containers. The guidance is short (eight container vessel, of a stack of seven pages, of which six are text) and is 30-foot containers, the top three of sub-divided into sections covering, for which contained dangerous cargo. The example, “Checking the Container” synopsis of the report2 noted that the and “Safety and Securing”. Section 4, cause of the collapse was the fact that entitled “General Stowage”, is one of the maximum allowable stack weight the most important; it identifies the had been exceeded, with some of the need for uniform stowage and covers individual containers exceeding their the way in which different types of declared weights. goods, e.g., bagged cargo, drums and barrels and bulk liquids, should be The MAIB made a number of comments stowed and secured. and recommendations as to the need for better cargo planning operations Although the guidelines are not legally and clearer communication between binding, it is hoped that they will be

Gard News 196, English law - Has justice November 2009/January 2010 finally been done on the calcium hypochlorite cases? By Rory Butler and Julian Clark, Holman, Fenwick & Willan, London.

English High Court considers shipper’s Hague Rules, with an initial judgment calcium hypochlorite be stowed “away liability for dangerous goods in a amount in the sum of USD 27.75 million, from” sources of heat.); and case involving carriage of calcium and further extensive quantum issues (d) what is the legal consequence where hypochlorite in its dry form. still to be dealt with. bunker heating is found to be either the or a cause of the incident? The High Court has recently issued a The issues potentially far-reaching judgment in The judgment, which runs to over 100 The answers developed by the court the first substantive English decision pages and is highly technical from an will have application in other dangerous concerning the dry form of calcium expert evidence viewpoint, contains goods cases. hypochlorite (classified as UN1748).1 useful guidance on the interpretation Calcium hypochlorite is a cargo which of the IMDG Code, on the legal test to Issue (a) - Critical Ambient has been linked to a number of serious be applied in dangerous goods cases, Temperature (CAT) and UN1748 casualties that occurred in the late the burden of proof, unseaworthiness, In considering causation, it was first 1990s, including the CMA DJAKARTA, the carrier’s defences and guidance necessary to investigate the self-heating DG HARMONY and CONTSHIP on expert evidence in complex cases. properties of calcium hypochlorite and FRANCE, although these cases all In summary, the case dealt with the its Critical Ambient Temperature, or involved calcium hypochlorite in its following four issues: CAT. The judgment notes that a CAT of hydrated form (UN2880).2 a product is the ambient temperature (a) What characteristics should a at or above which thermal runaway or The case concerned a major fire and prudent carrier have expected of goods ignition will occur and below which explosion on board the container ship declared as UN1748 in 1998? only sub-critical heating will occur (with ACONCAGUA (entered with Gard on (b) Did the calcium hypochlorite actually the key to the time to ignition being behalf of the charterer/carrier) on 30th shipped have such characteristics, or how far above the CAT the ambient December 1998, resulting in extensive did it have abnormal characteristics temperature is and for how long). damage to vessel and cargo on board. which rendered it more dangerous than The source of the explosion was was to be anticipated? The court considered the history immediately identified to be a container (c) Was the explosion and resultant of UN1748, including the previous loaded with 334 kegs (plastic drums, damage the result of such abnormal incidents, and detailed academic known as quadritainers) of calcium characteristics or of the stowage of the papers. The submission that a hypochlorite (declared to be UN1748), container on top of a bunker tank that prudent carrier would, in 1998, have shipped by a major Far Eastern shipper. was heated, or both? (the container was known a CAT as low as 40º C could Mr Justice Clarke found the shipper placed on top of and next to a heated be expected if calcium hypochlorite liable to the carrier under the bill of bunker tank. The carrier admitted that was containerised (larger bodies of lading contract for shipping dangerous the stowage of the cargo was in breach material including a container of kegs goods in breach of Article IV(6) of the of the IMDG Code requirement that have a lower CAT than a single keg) was rejected, as was a suggestion that a carrier could be expected to be aware of the details of and information contained within a body of complex academic literature.

It was held that while the permitted moisture content of UN1748 was up to 5.5 per cent, and not 1 per cent as previously suggested, (the IMDG Code is arguably not clear in this regard and the judgment contains useful guidelines for future disputes), the lowest CAT a prudent carrier would have in mind would be 60º C, which was the warning given in the then edition of the IMDG Code and that a carrier should assume that it was safe to carry the product in containers on or under deck (where it should be stowed away from sources of heat), as such temperatures would not normally be exceeded on container ships. The ACONCAGUA: the entirety of the cargo was destroyed by the initial fire and explosion.

© Gard AS, July 2014 9 Issue (b) - The actual subjected to such temperatures and Expert evidence characteristics of the product that this itself implied that the material The decision sets out some useful One of the difficulties of the case was actually shipped was rogue material. guidance on the correct approach that the entirety of the subject cargo The CAT was also abnormally low and to expert evidence at Appendix 3 of was destroyed by the initial fire and as such the cargo was of a dangerous the judgment. The court criticised the explosion and it proved very difficult nature of which the carrier neither had, volume of expert evidence submitted for all parties involved to access nor ought to have had knowledge. The and suggested that this may have other material from the same source carrier had not knowingly consented been a case whereby some form of following the casualty. During the trial to the shipment of such cargo. The preliminary “tutorial” would have been the shipper adduced little evidence as explosion was not therefore the of assistance, as contemplated by the to the characteristics of the product result of bunker heating but of the Long Trials Working Party Report. shipped but did confirm the identity characteristics of the cargo itself. of the factory that had originally Summary manufactured the product. Fortunately Issue (d) - What if heating was “a” The case is interesting in that it for the carrier their main expert had cause? illustrates the dangers of UN1748 managed to obtain and test samples Having found that the cargo shipped which if not subject to rigorous quality of the product from that same factory was dangerous, the court then had control in terms of raw materials and after the incident. These tests revealed to consider if the admitted negligent manufacture may have a very low that the product had an unusually low stowage had a causative effect and the CAT of well below normal carriage CAT and behaved in an inconsistent effect of possible competing causes (for temperatures. manner when heated. Mr Justice Clarke example if the cargo had been stowed found that this suggested poor quality “away from” heat would it still have The case also demonstrates the control, but said that since there was exploded?). The court was faced with considerable exposure that a shipper no direct information as to what was three further issues as follows; of goods may have (in this case the actually shipped it was necessary to (i) the burden of proof in this regard; shippers did not manufacture the look at what occurred on the voyage to (ii) the seaworthiness obligation under goods themselves). The burden of determine the characteristics of what Article III(1)(a) of the Hague Rules; and proof will be on the shipper once the had actually been carried. He accepted finally, carrier establishes dangerous goods the approach suggested by the carrier, (iii) the Article IV(2)(a) defence of an were shipped. Further, it demonstrates namely to see if normal UN1748 would “Act, neglect or default of the master, that potential unseaworthiness, for have withstood the temperature regime mariner, pilot, or the servants of the example bunker heating where a heat- in the hold of the ACONCAGUA. If the carrier in the navigation or in the sensitive cargo is involved, may not answer to that question was “yes”, then management of the ship”. amount to unseaworthiness where the the fact of the explosion would itself crew could remedy the problem after indicate that the material shipped had Significantly, the case decides that the commencement of the voyage and abnormal characteristics. it is for a shipper to establish that a that, in any event, the carrier may rely particular stowage arrangement has on the Article IV(2)(a) defence providing It was therefore necessary to determine some causative effect once the carrier the vessel is seaworthy to defeat any what effect heating of the bunker tank has established that the goods are breach of Article III(2). had on the container in question. dangerous. On the facts of this case the shipper had failed to meet this burden. The decision is one which shippers of Issue (c) - Bunker heating Also of significance is the finding that in dangerous goods (and their insurers), The evidence of the crew as to the any event a carrier in such circumstances shipowners and charterers carrying duration and temperature of the bunker as those in this case will not be in UN1748 or other similar heat sensitive, heating, together with expert evidence breach of its seaworthiness obligation. self-heating dangerous goods should as to the effect this actually had on the Referencing Steel v The State Line read carefully. container was considered closely by Steamship Company,3 Mr Justice Clarke the court. The finding was that even held that a vessel is not unseaworthy At the time of going to press an an unheated hold could have reached merely because at the commencement application by shippers for leave to temperatures in the mid 30º Cs and of the voyage there is something which appeal to the Court of Appeal was above, and that there was little or no may need a correction, so long as such pending. Readers will be kept informed appreciable difference between the a correction can readily be made and in case leave is granted and an appeal temperature the container experienced the need for the same has not been filed. due to heating of the bunker tank hidden. In the current case he held the below/next to it and in the same ACONCAGUA was only in danger if Footnotes position without such heating (with the bunker tank had been heated. On 1 CSAV v. Sinochem Tianjin Limited other bunker tanks in the hold being the facts of the case the crew had not [2009] EWHC 1880 (Comm). heated to the same extent). needed to use the bunker tank next 2 See articles “The CMA DJAKARTA to the container and could have used case settles” in Gard News issue No. The carrier’s main expert produced alternative tanks. To heat the tank was 183, and “US law - Carriage of calcium models to show the probable back negligence on the part of the crew but hypochlorite - The DG HARMONY on calculated CAT of the material shipped did not amount to unseaworthiness. appeal” in Gard News issue No. 191. based on the probable temperature Given that the vessel was seaworthy, 3 [1877] 3 A.C. 72. regime on board the vessel. This the carrier was able to rely on the showed that to explode in the time that Article IV(2)(a) defence to defeat any it did (a known parameter) the material breach of Article III(2) (“properly and must have had an unusually low CAT, carefully to keep, care for and carry”). somewhere in the region mid to high Bunker heating was clearly an act in the 20º Cs or low 30º Cs. management of the ship. Therefore, even if the heating had been causative, Accordingly, the court held that normal the carrier would still be entitled to an UN1748 should not have exploded if indemnity under Article IV(6).

Gard News 186, Carriage of liquids in May/July 2007 flexi-tanks

There are many types of containers in use being the transportation of various Some liquids display certain chemical use today, purpose-built for quick and edible oils and wines from South and physical properties whereby they efficient handling and stowage, and America. become more viscous during storage for easy exchange between transport or lower temperatures. In order to modes. The latest newcomer is the so- There are several different types of flexi- allow the smooth unloading of such called “flexi-tank”. tanks on the market: cargoes, a heating pad is installed in – Cheap single layer bags made of the container, together with the flexi- Essentially, a flexi-tank is a flexible bag plastic or polypropylene. These may be tank. Steam or hot water is then used which is placed inside a dry freight very vulnerable to cuts, which can lead to warm the pad and the cargo prior to container and thereafter filled with to the partial or complete loss of the commencement of unloading, allowing liquid cargo. Transport of liquids in flexi- cargo. the cargo to be easily discharged. tanks is becoming a regular alternative – More expensive multi-layer bags to tank containers and to drums and consisting of five to six-ply polyethylene According to manufacturers of flexi- canisters also placed in dry freight and a polyethylene fibre woven outer tanks, it is possible to transport almost containers. Gard has experienced quite mantle. These are stronger and more any non-hazardous liquid in this way, a few claims already due to leakages resistant to damage than single layer whether for chemical, industrial or food from such flexi-tanks, involving both bags. application. However, flexi-tanks are not cargo losses and expensive clean-up – Rubber bags. suitable for the carriage of dangerous operations. cargoes. Procedures for loading and The flexi-tank discharging Apparent advantages of flexi- Flexi-tanks are made of nylon, rubber, Installation of a flexi-tank can take tanks plastic or polyethylene, a flexible place at the consignee’s premises or at Shippers may see some clear “inflatable” bag type, which is rolled the container yard. It takes just about advantages in the use of flexi-tanks in out inside a conventional 20-foot dry half an hour to install a flexi-tank into a dry freight containers instead of using freight container, before being filled 20-foot container, rolling it out on the tank containers or drums. There may with the liquid cargo through a valve bottom. To load the flexi-tank, a hose be a significant reduction in costs, opening either on top or at the bottom is connected to the loading connection compared to the use of tank containers end at the dry freight container door. In and the liquid is pumped in. Depending or drums because of: compressed, empty condition the flexi- on the type of cargo, it takes about half – Widespread availability of dry freight tank itself will occupy only a volume an hour to fill up the flexi-tank, and after containers, compared to that of tank of 250 litres, but in loaded condition completion the container and flexi-tank containers. may contain as much as 24,000 litres are ready for transportation by road, rail – Only one-way freight of the 20-foot of liquid, depending on the specific or sea. At the place of delivery the only container has to be paid. There is no gravity of the liquid. The use of flexi- equipment which is needed is a pump return freight as may be required for tanks started around 2003, the initial to discharge the cargo. tank containers.

© Gard AS, July 2014 11 – As the flexi-tank is disposable, there is no need for cleaning, like there is for tank containers. – The material used in the manufacture of the flexi-tank is apparently cheaper than drums or other alternative packaging means. – It takes less time to load and unload the cargo. – Within a dry freight container there is increased cargo-carrying capacity when using a flexi-tank compared to using drums.

Gard’s experience During the last six months Gard has experienced several cases of flexi- tanks having been punctured during sea transportation. Surveyors who have been involved in several such incidents report that leaking flexi-tanks are quite common. A Gard vessel involved in one such incident did not experience boisterous or bad weather during the voyage, but the flexi-tanks stowed inside a container in the hold were found to be leaking and as a consequence other containers stowed in the hold were also affected. Leaking Example of a five-ply plastic flexi-tank. flexi-tanks represent not only a loss of cargo, but at times cause serious damage to other (expensive) cargo – Leakage at the double patch around along the following lines may be used: within the same cargo hold. Often there the valve/filling opening at either the “Flexi-tank supplied, loaded, packed is a need to clean the cargo hold and top or the bottom of the flexi-tank. This and secured inside the dry container sometimes other cargo. Depending would also seem to be a manufacturing by shippers, at their sole risk and on the liquid, such leakages may also problem. responsibility.” represent a pollution problem when – Leakage caused by puncturing of entering bilges and bilge pumping the flexi-tank, by sharp edges, nails or The following clause is suggested for systems. screws inside the dry freight container. use in a charterparty: – Securing belts (some flexi-tanks have “Charterers are to bear all costs and One particular case illustrates the such belts) pulling off lashing eyes of expenses, risks and liabilities arising out problems of leaking flexi-tanks. One the dry freight container. These pieces of or in connection with the carriage of flexi-tank containing 25 tons of Chilean of steel, screws, etc., may thereafter flexi-tanks inside dry freight containers. crude salmon oil started to leak while puncture the flexi-tank. Such costs and expenses, risks and in transit on board a vessel from South – No over-pressure valve fitted. Such liabilities include, but are not limited America to the Far East and the oil valves must be fitted if the liquid to, loss of or damage to the cargo, loss flowed from the container into the may give off gas, like wine starting to of or damage to other cargo carried lower hold. The oil ended up covering ferment. on board resulting from the leakage of the tank top and filled the port and any cargo carried in a flexi-tank and/ starboard aft bilge wells. As a result of Responsibility or the cost of cleaning the vessel and/ the leakage, many containers stowed Nearly all shipments with flexi-tanks are or her equipment, fixtures and fittings in the hold, containing dry cargo, were on a FCL/FCL basis, i.e., the shippers following such leakage and any/all affected by the oil and by the smell. are responsible for the stuffing/lashing/ consequential losses arising out of Containers, vertical cell guides, the bracing and securing of the flexi-tank or in connection with such carriage. tanktop, bilges and the bilge system inside the container. It is recommended In the event that owners are legally had to be cleaned. Hatch-covers, that members shipping cargoes in obliged to and do settle such costs and hatch coamings and deck areas were flexi-tanks ensure that it is properly expenses, risks or liabilities directly with also smeared with fish oil during the identified, labelled and declared. The the claimant(s), owners shall be fully discharge and had to be cleaned. The shipper should be required to provide, indemnified by charterers in respect cleaning operation alone came to a in writing, any particular carriage thereof.” cost of USD 30,000. instructions. It is also important that, as far as possible, members involved in Recommendations before Common causes of damage the carriage of various cargoes in flexi- installing the flexi-tank From experience so far and from tanks ensure that the flexi-tank itself It is still difficult to take a stand on reports from cargo surveyors, the is properly and carefully loaded and the suitability of the flexi-tank as a following have been noted as being secured inside the dry container. container for transportation of liquids the most common causes of leaking by sea. However, as it becomes more flexi-tanks: The bill of lading should be claused popular, the following precautions – The seams are leaking. This is to reflect the fact that the shipper was may be necessary to limit the risk of probably a manufacturing problem. responsible for the loading of the flexi- leaking flexi-tanks. Before the flexi- The same type of flexi-tank has been tank and for its securing inside the dry tank is placed within the container, the identified in several cases. container. A clause in the bill of lading following should to be carried out:

© Gard AS, July 2014 12 – The inside of the dry freight container Damage to the container designed and constructed. Gard has must be carefully inspected for any flaw Standard ISO freight containers are experienced several instances where or damage. designed to handle a broad range of the containers have bulged beyond – Any protruding nail or screw in the bulk and packaged cargoes, but they the accepted tolerance (ISO) of 10 mm, floor plating and any other sharp/ are not specifically designed to carry causing permanent deformation of the protruding part needs to be removed. liquid cargoes in flexi–tanks. Flexi-tanks sidewalls. – The lower half of the container should never occupy the full volume of the be lined with cardboard lining, properly container. Apart from the floor, the Conclusion fixed to the container sides and floor. stresses caused by flexi-tanks are never The use of flexi-tanks looks likely – Sharp edges, welding seams; etc., uniformly distributed over the total to continue and possibly increase. should be covered with tape. surfaces of the wall and end panels. This is not necessarily bad news for – Wooden bracing must be used at the During container handling, additional shipowners, but as with all containerised door, with an opening in the lower part dynamic forces are experienced and, if cargo, it is important to ensure that the for the valve of the flexi-tank, to prevent full flexi-tanks are carried, may exceed cargo is properly identified and labelled any excessive force having to be the limits for a freight container. This and that the flexi-tank is properly and applied to close the door at completion may result in damage to the walls and carefully packed and secured inside of loading a flexi-tank. ends of the container. the dry container. In the event that the – When the flexi-tank is positioned shipowners supply the dry container, inside the container, it should be The distortions to the side panels could they should ensure that it has no sharp ensured that there is sufficient space exceed the ISO allowable dimensional edges, or protruding nails, screws, etc., between the filling valve and the tolerances, resulting in stacking that could damage the flexi-tank. container doors when they are closed. If problems on the wharf and stowage not, the doors can damage the valve. problems on board (cell-guides or on – Over-pressure valves should be deck slots). Freight containers loaded installed if the cargo may start with flexi-tanks tend to bulge. When fermentation or otherwise give off gas. filled, flexi-tanks can cause sideways – If securing bands are used, flexi- pressure on the container, especially tanks should be full, to avoid excessive at the weakest areas of the side stresses from the belts on the lashing panel. This pressure may exceed the eyes of the container. pressures for which the container was

Gard News 184, US law - COGSA’s USD 500 November 2006/January 2007 per package or customary freight unit limitation By Alan Nakazawa, Cogswell Nakazawa & Chang, LLP, Long Beach, CA

Can a container be the relevant describe objects that can reasonably is a general reluctance to find that a “package” or customary freight unit be understood from the description container is a “package”. The courts for purposes of United States COGSA’s as being packages, the container may will closely scrutinise the bill of lading USD 500 limitation? be deemed the relevant “package”.3 for the intention of the parties and if The parties’ designation of the number they find any ambiguity in the bill of United States COGSA applies as a under the “number of packages” lading, the ambiguity will be construed matter of law to every bill of lading column in the bill of lading is the against the carrier. which is evidence of a contract of starting point for the court’s analysis, carriage of goods by sea to or from and unless the number is plainly Based on the current law in the United the United States in foreign trade.1 contradicted by contrary evidence of States, the carrier can place itself in Section 1304(5) of COGSA provides the parties’ intent, or unless the number the best position to achieve the lowest that a carrier may limit its liability to refers to items that can not qualify as limitation available under COGSA by USD 500 per package, or for goods “packages”, it is also the ending point doing the following: not shipped packaged, per customary of the analysis.4 freight unit, unless the nature and value 1. Where the carrier does not know of the goods have been declared by the Applying this standard, if the bill from the cargo description provided shipper before shipment and inserted of lading describes on its face the by the shipper whether the cargo is in the bill of lading. COGSA does not number of cartons, pallets or skids of packaged, it should list the number define what is a “package” for purposes cargo within the container, the courts of containers under the “Number of of the limitation. Over the years, courts will likely find that the cartons, pallets Packages” column of the bill of lading. in the various circuits of the United or skids, not the container, are the The quantity of the cargo can be listed States have varied in their approach relevant COGSA “package” even if in the “Description of Cargo” column. on the issue of what constitutes a the bill of lading lists “one container” “package” and as a result, there was in the “number of packages” column. 2. Where the cargo description lack of certainty and consistency in their On the other hand, if the bill of lading provided by the shipper includes both decisions. In recent years, the courts unambiguously lists the container as the number of pallets or skids and the have taken a more cohesive approach the “package” (e.g., “one container” is number of cartons on the pallets or to determining what constitutes the inserted in the “number of packages” skids within the container, the carrier relevant “package” in a case and we column) and the bill of lading does should insert the number of pallets or have seen more predictability and not otherwise describe objects within skids (i.e., the larger external packaging consistency in their decisions. the container that can be reasonably unit) in the “Number of Packages” be understood from the description column. Where the bill of lading lists Under more recent case law, the as being packages or packaged both the number of pallets in the manner in which the parties describe (e.g., number of pieces), or the items “Number of Packages” column and the and designate the container and cargo specified do not qualify as a “package”, number of cartons in the “description in the bill of lading is significant. Where the courts will likely find that the of cargo” column of the bill, the carrier a bill of lading discloses what is inside container is the relevant “package” for may argue that the larger parcels (i.e., the container, and those objects can purposes of the USD 500 limitation. the pallets) are the relevant COGSA be reasonably considered a COGSA Alternatively, the court could reach the “package”.5 “package” (e.g., where the number of same result by finding that the cargo cartons or skids or pallets inside the has been shipped unpackaged, and container are specified in the bill of that the USD 500 limitation therefore 3. Where the cargo description lading), each object, not the container, applies per customary freight unit. provided by the shipper includes the is usually deemed the relevant Since freight is generally calculated on number of cartons within the container, “package” for purposes of the USD 500 a “per container” or “lump sum” basis, the carrier should still list the number of limitation.2 On the other hand, where the limitation could be USD 500. containers in the “number of packages” the bill of lading lists the container column. It is likely, however, that the as the “package” and does not It should be noted, however, that there courts will find that the cartons are the

1 See 46 U.S.C. Section 1300. 2 See All Pacific Trading v. M/V HANJIN YOSU, 7 F.3d 1427, 1433 (9th Cir. 1993); Monica Textile Corporation v. S.S. TANA, 952 F. 2d 636, 640 (2d Cir. 1991); Universal Lea Tobacco Company, Incorporated v. Companhia De Navegacao Maritima Netumar, 993 F. 2d. 414 (4th Cir. 1993); Groupe Chegaray/V. De Chalus v. P&O Containers, et al., 2001 AMC 1858, 1867 (11th Cir. 2001). 3 See Binladen Landscaping v. M.V. NEDLLOYD ROTTERDAM, 759 F. 2d 1006, 1015 (2d. Cir. 1985) (container deemed the relevant “package” where the bill of lading listed the number of containers in the “number of packages” column and described the number of plants in the “description of cargo” column); Orient Overseas Container Line, (UK) Ltd. v. Sea-Land Service, Inc., 122 F. Supp. 2d 481 (S.D.N.Y. 2000) (the bill of lading listed the number of unpackaged engines in the number of packages column; held: container was the relevant “package”); Fishman & Tobin, Inc. v. Topical Shipping & Construction Co., Ltd., 2001 AMC 1663 (11th Cir. 2001) (container deemed the relevant “package” where the number of containers was listed in the “number of packages” column and the number of jackets were listed in “description of cargo” column). 4 See Seguros “Illimani” S.A. v. M/V POPI P, 929 F. 2d 89, 94 (2d Cir. 1991); Tokio Marine and Fire Insurance v. Nippon Express, 155 F. Supp. 2d 1167, 1171 (C.D. Cal. 2000).

© Gard AS, July 2014 14 relevant “package” if the number of federal regulations require that the the bill of lading or to merely attach cartons is listed in the “Description of carrier’s inward cargo manifest lists all the bills of lading to the customs form. Cargo” column. inward cargo on board the vessel and Accordingly, the smallest external that the carrier discloses on the cargo packaging unit does commonly appear Given the foregoing, carriers can take manifest the numbers and quantities in the bill of lading. advantage of the limitation of liability from the carrier’s bills of lading using that is provided by law by carefully the lowest external packaging unit.6 Footnote drafting their bills of lading. We While these regulations do not appear 6 See 19 CFR 4.7a(c)(4)(v). appreciate that commercially, this is not to require that the carrier inserts in always possible. Frequently, the shipper the bill of lading the lowest external will dictate how the cargo is described packaging unit, it is common practice in the bill of lading by providing for a carrier to prepare the inward cargo instructions to the carrier. Further, manifest from information provided in

Loss Prevention Circular Recent container losses No. 05-06 from vessels using automatic locks

Background containers may thereafter be lost when to rectify this situation, including A large container vessel insured with the vessel is rolling. In most cases the replacing locks, applying limitations Gard has recently experienced a serious containers have been lost from the aft where heavy weather is expected loss of containers. Whilst investigating deck. and even reducing the height of the the incident we learned of similar container stacks. events with several other new, large Recommendation vessels covered by other P&I clubs. We expect that the class societies Owners may contact Gard with any One of the common factors of all these involved will investigate these events, queries related to the issue and any incidents seems to be that the vessels but until a solution has been found, we information the owners are able to have all been using fully automatic recommend our Members and clients provide will be of considerable interest. container locks between the container to take note of the problem and learn Responses by e-mail should be directed corner castings. Such locks appear to from the unfortunate experiences to our loss prevention manager Trygve. have been introduced in 2004, mainly already made. [email protected] onboard new, modern vessels. Members and clients with vessels using Investigations are still ongoing, but fully automatic container locks are it seems clear that this type of lock, recommended to contact their class having holding power only by its societies as well as the manufacturer geometrical shape, may under certain of the container locks to obtain their circumstances jump out of the corner recommendations as to further actions. castings. The best evidence is that this is happening during heavy pitching Gard has been informed of owners who movements of the ship and that the have already taken substantial measures

Loss Prevention Circular Update: Container losses No. 08-06 from vessels using fully automatic container locks

Background problem was highlighted and future investigated by this project group. As a result of several container losses limitations in the use of FATs were from large container ships in the past discussed. However, in their letter of 27 Actions by the manufacturers six months, the shipping industry April 2006, Germanischer Lloyd clarified One of the major manufacturers of has taken the issue of fully automatic their current position: The letter lashing equipment has chosen to recall container locks (FATs) very seriously. states that the approved container their FATs from the market. In its press Various investigations of the potential stowage plans, with their respective release, this manufacturer stated that problems with lashing arrangements stowage systems, continue to be valid they did this as a precaution despite the involving FATs have been initiated to unconditionally and that a general and fact that they had not received reports clarify what measures may be necessary type independent recommendation of equipment failure. to avoid future losses. This circular for the substitution of FATs should not highlights some of the current activities be issued. GL’s tests also confirmed We have been informed that at least in this respect in the industry. that FATs with a flange and sufficiently one major manufacturer continues dimensioned locking nose obtained to sell FATs subsequent to additional Gard’s Member survey good results. According to the press, testing and approval by Germanischer As a part of our investigation of the GL has at a recent seminar also pointed Lloyd. According to the manufacturer, container losses, Gard conducted a to other factors such as the placement no container losses have been reported survey amongst some of its members. of heavy containers, inadequate due to using their type of FAT. The survey has revealed that the container lashings and the age of losses experienced by the members of the containers as potential causes for No implication on the P&I cover Gard seem to be limited to one type the recent losses. None of the other The use of fully automatic container of FATs available in the market. Our classification societies have so far locks does not have any implication recommendation in Loss Prevention concluded in this issue. on the scope of P&I cover, as long as Circular No. 05-06 to contact the the locks used are class approved and respective supplier of such locks to Actions by the industry the container stowage complies with seek clarification of any limitations Owners, suppliers, authorities and applicable regulations. is therefore still valid. It has been researchers are joining forces in a suggested to hold a meeting of two year project investigating lashing Recommendation International Group’s “Ship Technical loads to improve safety and efficiency Gard is still of the opinion that it is Committee” on this issue. It is expected of container, Ro-Ro and heavy lift prudent for shipowners to seek further that this meeting will take place this transportation. The Joint Industry information from the approving autumn, when more evidence is Project, named Lashing@Sea, was classification society and container lock available from the parties mentioned initiated by the Maritime Research manufacturer/supplier concerning the below. The intention is to also invite Institute Netherlands (MARIN). The suitability and conditions for use of the classification societies to attend this project is aiming to improve the the specific type(s) of fully automatic meeting. safety and efficiency of lashings. This container lock(s) that are being used or will be achieved by investigating the are intended to be used on board their Actions by Classification societies mechanisms of lashing loads and ships, in order to minimise the risk of In a letter from Germanischer Lloyd identifying the key parameters. FATs future losses. dated 16 March 2006, the potential will be one of many technologies

Gard News 151, Inspection and September/November 1998 certification of cargo containers

The various types of containers for dry, not introduced for the safety of the cargo prototype) refrigerated and liquid cargoes have to carried in containers, but for the safety of – Survey of production units (verification comply with international requirements the persons working around them. of compliance with approved type during for road, rail and sea transportation. In production) this article we discuss the most common The role of the Classification – On line and final inspection (random regulations applicable, and explain how Societies verification of workmanship, production containers are inspected. The Classification Societies were already tests, and final inspection of each engaged in container certification individual unit or of units selected at ISO1 standards when the CSC was introduced. Most random) ISO standards applicable to contracting governments chose to new containers involve technical authorise these Societies to approve the Class Societies will usually place a sticker recommendations concerning dimensions design, inspection and testing of new with their logo on the container door, and tolerances, dealing specifically with containers.3 confirming that they carried out the the interchangeability of containers on initial certification of the container at the a global scale. These standards are not CSC Safety Approval Plate factory. The sticker is only a marketing mandatory, but are almost universally The CSC Safety Approval Plate is a element; it has no function in the approval complied with. The ISO standard 1496 permanent, non-corrosive, fireproof or maintenance of the container. The all- deals with freight containers in general plate, required to measure no less than important proof of compliance with the but also covers the different types of 200mm x 100mm. It contains information CSC is the Safety Approval Plate. containers, such as dry-freight containers, about the country of approval, approval thermal containers and tank containers. reference, date of manufacture, In-service examinations manufacturer’s container identification While the CSC requires new containers International Convention for Safe number, maximum operating gross to be approved by a competent authority Containers (CSC), 19722 weight, allowable stacking weight for under governmental agreement, the Due to the rapid increase in the use of 1.8g4, transverse racking test load value, subsequent maintenance of an approved freight containers and the development and may also indicate the end and side container in safe condition is the of specialised container ships, in 1967 walls strength if required. The plate also responsibility of the container owner, the International Maritime Organization has room for the month and year of the who may choose between two inspection (IMO) started a study of the safety first examination of new containers and systems: of containerisation in sea transport. for subsequent examination dates. (1) The Periodic Examination Scheme In December 1972 the International (PES) is a system of regular inspections Convention for Safe Containers (CSC) The CSC requires the container to have organised by the container owner every was signed in Geneva. The aim of the an approval reference on the Safety 30 months, starting no later than 5 years convention was to ensure a high standard Approval Plate. For instance, the approval after the date of manufacture. Following of safety for workers during handling and reference “GBLR 8653 975”, means each inspection the month/year of transportation of containers, and also to that the container is certified by Lloyd’s the next inspection is stamped on the facilitate international trade by providing Register under authority of Great Britain, Safety Approval Plate. The CSC also uniform international safety regulations. 8653 is the approval number and 975 is allows for the use of stickers coloured in The CSC made the approval of new the date of the approval, i.e., September accordance with the year of examination: containers mandatory and was a welcome 1975. The reference “F/BV/6028/97” brown for 1998, blue for 1999, yellow for means of regulating the construction and means that the approval (number 6028) 2000, red for 2001, black for 2002, green safety of containers. was provided by Bureau Veritas under for 2003, brown again for 2004 and so authority of the French government in on. Therefore, for containers certified The convention set out procedures for 1997. under the PES it is possible to see from the safety approval of new containers, the container itself whether it is “within to be enforced by the States party or Certification of new containers dates”. organisations authorised by them. The Certification, carried out by the Class (2) The Approved Continuous evidence of approval, a Safety Approval Societies to satisfy requirements of the Examination Program (ACEP). Under this Plate, was to be recognised by all when CSC, will normally include: system containers bear a sticker showing granted by a State party, a system which – Factory approval (approval of the letters ACEP and the identification would allow the containers to move with a production facilities for mass production of the Administration which has granted minimum of safety control formalities. to needed quality) the approval. The sticker is placed on, – Design type approval (review of or as close as practicable to the Safety It is of interest to note that the CSC was drawings and specifications and testing of Approval Plate. Containers under ACEP

1 International Standards Organization. 2 Entered into force on 6 September 1977. As of 1 June 1998 it had 64 contracting States, representing 62.16 per cent of world tonnage. 3 A pioneer some thirty years ago, Bureau Veritas is still a world leader in certification of containers, with a market share of 60 per cent of all types of new container approvals, and a similar share for re-certification of tank containers. The rest is largely divided between Lloyd’s Register and American Bureau of Shipping. Both Bureau Veritas and Lloyd’s Register play an important role in the inspection of tank containers, and each of them inspected close to 50 per cent of last year’s production. Other Class Societies may have been delegated authority by the various governments, but have only minor world market shares. 4 Standard acceleration of gravity, equal to 9.8 metres per square second.

© Gard AS, July 2014 17 are subject to thorough examinations Union of Railways (UIC),5 the Association transit. For containers with refrigerating organised by the owner in connection of American Railroads (AAR), the U.S. equipment, electrical regulations with major repairs, refurbishments or on/ Federal Railroad Association (FRA) and which ensure uniform electric current off-hire interchanges. Such containers the European Regulations concerning characteristics, etc., may be applicable. are inspected practically every time they the Carriage of Dangerous Goods by Rail Insulation capability and refrigerating are used, but under no circumstance (RID).6 For road transportation, there are capacity are normally specified in may inspections take place more than for instance the European Agreement accordance with chosen “statement of 30 months apart. However, the next date concerning the Carriage of Goods by values”, purchasers’ specifications which of examination cannot be seen from Road (ADR)7 and the US Department of are commonly used. the container itself. A container that has Transport Regulations CFR 49 for the gone astray or missing for some time will Transportation of Intermodal and Portable Swap-bodies therefore not be easily detected as “out Tanks. As the standard 20 foot and 40 foot of date” and eventually stopped. containers do not take maximum Customs authorities have special advantage of European road regulations, The CSC allows governments to control requirements for the sealing of a new type of container, the swap-body, whether containers have a valid Safety containers, the affixing of customs seals, has gained popularity. Swap-body Approval Plate and are “in date”. “Out accessibility to custom officers, etc. The containers are 2.5 metres wide, while the of date” containers and containers which United Nations Customs Convention ISO standard series 1 containers are only are clearly unsafe may be stopped. They on the International Transport of Goods 8 feet (2.438 metres). For instance, swap- may eventually be allowed to proceed under Cover of TIR Carnets, 1975, may be bodies have space for two “Europallets” to the place of unloading, but not to be applicable. sideways, but these would not fit in a loaded again until examination, repairs standard container. The swap-body is and updating have taken place. Some Dangerous Cargoes an efficient transport unit on roads and governments are very lax in enforcing When the container’s contents may be on short sea passages when carried on such authority, others may have a classed as dangerous cargo, the IMO the back of a road trailer. In deep-sea system where port officials, stevedores, International Maritime Dangerous Goods crossings, however, it is not suitable for trade unions, etc., play an active role in Code (IMDG) is applicable, as well as vessels with cell guides for standard 8 reporting badly maintained containers. various other international and national foot-wide containers. The swap-body was regulations. designed in Europe and 95 per cent of its Class Societies, other inspection bodies use is in European trades. and repair yards can carry out the in- Foodstuffs service examination of containers and When food is transported in containers, Earlier on swap-bodies were not fully may be very interested in doing so, but the United Nations Agreement on the regulated, but separate ISO and CEN9 that is not required by the convention. International Carriage of Perishable standards for swap-bodies and swap- The examination of an in-service Foodstuffs and on the Special Equipment tanks are now being developed. container is only required to be carried to be used for such Carriage (ATP),8 1970, out by a person “having such knowledge may also be applicable. The CSC does not apply to swap-bodies and experience of containers as will designed for road and rail transportation, enable him to determine whether it has Tank containers if they are without stacking capability and any defect which could place a person in For tank containers there are additional top lift facilities. Equally, the CSC is not danger”. There is no definition given by national and international regulations mandatory for swap-bodies transported the CSC of such person’s competence, related to the transportation of dangerous by sea if carried on a road vehicle or so owners are largely allowed to carry goods (IMDG Code, RID/ADR, CFR 49, rail wagon. However, the swap-body is out their own inspections without very etc.), as well as industrial codes applicable subject to the CSC if used in transoceanic much involvement by the authorities. for pressure vessels. Such regulations services.10 This may be said to be the weak point set forth conditions tank containers of the CSC, an arrangement that would must meet to be initially certified and Offshore containers not be found very fitting under the periodically re-certified. It is worth noting The CSC does not apply to offshore quality assurance schemes of today. that the requirements for tank containers containers (containers that are handled However, considering the large number in service resulting from the above in open sea), as such containers have to of containers in circulation world-wide regulations clearly exceed those of the withstand the most severe conditions and (an estimated 10 million units), there are CSC. In order to meet the requirements of may be subject to different design and relatively few accidents caused by badly the IMDG Code and CSC tank containers testing parameters from those prescribed maintained containers. It may therefore are subject to periodical inspections by a by the convention. be concluded that the “self-regulating” competent, approved authority every 30 system container owners are subject to months and regularly tested. The IMO has published guidelines for the in respect of in-service inspections has certification of containers and portable so far adequately ensured a satisfactory Thermal and reefer containers tanks that are transported and handled standard of maintenance. In addition to the CSC and ISO standards, offshore (Guidelines for the Approval of the ATP may be applicable to thermal and Containers handled in Open Seas, MSC/ Special approval requirements reefer containers. The ATP has standards Circular 613).11 Containers may have to comply with to ensure that the equipment is capable requirements for railway transportation, of maintaining the required temperature such as those from the International to preserve the quality of foodstuff in

5 Union Internationale des Chemins de Fer. 6 Règlement concernant le Transport International Ferroviaire des Marchandises Dangereuses. 7 Accord Européen relatif au Transport des Marchandises Dangereuses par Route. 8 Accord relatif aux Transports Internationaux des Denrées Périssables et aux Engins Spéciaux à Utiliser pour ces Transports. 9 Comité Européen de Normalisation. 10 Bureau Veritas has established rules for the classification and survey of swap-bodies. 11 Det norske Veritas (DnV) is the only Class Society to have issued rules for offshore containers that fully comply with the IMO guidelines, and the DnV Certification Note No. 2.7-1 is therefore the only established standard available. The rules are applicable to all types of transport units handled offshore, such as boxes, tanks, baskets and skids. Due to heavy wear and frequent repairs, offshore containers are generally required by national authorities to be inspected every year. The majority of offshore containers used in the North Sea are built to DnV’s rules and certified by DnV or other Class Society. The DnV Certification Note has gained such universal acceptance in Norway that it is practically impossible to use an offshore container which is not a “2.7-1 container”. More than 300 different types of offshore containers have been certified.

Gard News 145, Stability of multi- March 1997 purpose general cargo and container ships By John Third of Brookes Bell & Co., London

INTRODUCTION A minimum criterion for stability is set out by Statutory Requirement and has been established to ensure that, when subjected to a heeling movement, a ship will not capsize and, when the initiating force diminishes, it will return to the upright. The objectives of rules and regulations are very much related to ship safety and it is important that ship’s staff should have a thorough knowledge of both their application in theory and their effect in reality.

This article addresses the importance of stability when working with multi- purpose general cargo ships which are often heavily loaded and, in addition, can be required to carry large numbers of containers on deck.

THINK AHEAD! With regard to statutory requirements, Regulation 44 of the International Conference on Load Lines, 1966, states that all ships should have a safe margin of stability at all stages of the voyage. Minimum stability criteria for various ship types are now included in Resolution A.749(18) “Code on Intact Stability for All Types of Ships Covered by IMO Instruments”.

When planning a voyage, consideration obtained with a GZ curve which affords ESTABLISHING THE SHIP’S must be given to the ship’s stability only a minimal range of stability and CONDITION in advance of loading. The departure does not comply with the set criteria. A condition should be established condition is important but it is The range of stability is indicated by as accurately as possible, by careful imperative that the assessment includes the shape of the curve and the area consideration of the weight and centres arrival conditions at discharge ports and contained between the curve and the of all deadweight on board. Mistakes an effort should be made to identify base. United Kingdom regulations often result when calculations are the point in the voyage where stability require the curve to produce a peak based on an assumed tank status which is least. The analysis should not just value at an angle of heel of 30° or subsequently proves incorrect. This is amount to a determination of the greater and must enclose a prescribed but one very good reason to establish vessel’s GM but must also consider the area between 30° and 40°. working practices in which tank curve of righting levers (GZ). Both are soundings are checked regularly. The to be checked for compliance with the An example where an acceptable GM contents of tanks should be determined criteria. might be combined with insufficient from soundings and the calculated range of stability can occur on a ship condition is only valid if the tank status UNDERSTANDING THE with a low freeboard at deep laden remains unchanged. CALCULATION condition where the deck edge The curve of righting levers provides becomes immersed at low angles of Centres of gravity and free surface a graphical presentation of the ship’s heel. Once the deck edge is underwater corrections used in the calculations stability. It allows a visual assessment of there is a significant reduction in the should be those derived from the stability, including GM, which dimension righting lever and poor resistance to Trim and Stability Book. Other than broadly can be described as an index large heeling moments. Vessels having in exceptional circumstances, the both to the inertia of the hull against shallow draught capability, combining use of reduced or altered values for rolling and the accelerations and forces low freeboards with large hatch free surface corrections and centres which might arise if rolling occurs. coamings typically fall into a category of gravity should not be tolerated or However, it is important to appreciate which requires special attention. encouraged. that a relatively high GM can be

© Gard AS, July 2014 19 Establishing the centres of gravity for permissible KG, or minimum GM, be directed at the amount of helm cargo can be difficult, especially where curves. Before using these to establish applied, or is made coincidental with break bulk shipments are concerned. compliance with the appropriate the passage of a train of steep waves, or However, every attempt should be stability criteria, check the basis is influenced by a strong gust of wind, made to estimate accurately erring of derivation. For example, if the then a large angle of heel (by which we on the side of safety. Container cargo, curves do not include wind heeling, mean a roll significantly greater than by virtue of its uniformity, presents they are not appropriate for a vessel any previously experienced) is often a deceptively easy proposition for carrying containers on deck. In the result. Vessel have been known to solution, but beware, it is easy to make such circumstances, compliance roll to 30° and more while making such a big mistake! will need to be checked by plotting alterations even in moderate to fresh both the GZ curve and wind heeling gale conditions. The Trim and Stability Book may arm and checking the appropriate contain details of centres of gravity for characteristics. Deck stowed containers are restrained all containers, or individual stacks or by lashings, in the majority of instances bays. However, if an assumed mean A simple check of accuracy for a utilising twistlocks and incorporating value for the centre of gravity of a condition is obtained by a comparison rods and turnbuckles, the integrity bay, or stack, is used, it is important between the actual draughts with those of the system is dependant upon to know how the average has been calculated. condition and proper application. A arrived at. The calculation may, for sudden acceleration and large angle of example in an older vessel, be based STABILITY AND SHIP BEHAVIOUR roll is precisely what is needed to test upon units of 8ft height, which would A ship’s officer should appreciate how the capability of components and a very provide invalid results if 8ft 6ins units stability influences a ship’s behaviour. heavy motion is likely, without warning, were used. Use of the 8ft figure will While a vessel is at sea a heeling to reveal any hitherto unnoticed lead to an underestimate of the KG and moment can be brought about by a shortcoming in a dramatic manner. overestimate the ship’s stability. The variety of environmental or operational There have been numerous casualties same would apply if 9ft or 9ft 6ins units circumstances and, in particular, the where defects in twistlocks, either of were stowed in bays where tabulated action of wind and/or waves. In port, a mechanical nature or simply resulting data were for 8ft 6 ins units. heeling moment can arise when cargo from equipment being disengaged, is being loaded or discharged. have caused the collapse of container If the final loaded condition were stacks suddenly. Witnesses to such marginal an incorrect assumption of The stability of a vessel determines its events usually describe a collapse centres of gravity might show the vessel dynamic response in a seaway and the occurring within two or three rolls complying with statutory requirements resultant motions and accelerations cycles; i.e. less than one minute, within with a safe margin of stability when in induce forces in the cargo lashing which period the devastation can be fact it did not. system and stowage generally. The phenomenal. behaviour of the ship is partly dictated DECK CARGO AND WIND by the state of the seaway but also Sudden motion can break friction The weight of deck cargo acts above by the input of the navigator who forces applying between general cargo the vessel’s centre of gravity. Deck determines the course steered, the and dunnage timber. Cargo lashings cargo will therefore reduce stability auto-pilot settings and speed. are subjected to much higher forces if and, accordingly, there are limits on called upon to restrain a moving load. the amount which can be carried. In A good example of the importance passing, it is relevant to make the of understanding the dynamics of the Master and Mates on multi-purpose obvious comment that containers relationship occurs on board a ship vessel with deck loads should alter cannot under any circumstances be carrying containers on deck which, in course carefully in heavy weather and considered as providing buoyancy in heavy weather, must make a broad exercise skill and judgment on speed, the same manner as certain types of alteration of course from a heading timing and the amount of helm applied. timber. into the wind to a heading across the In most circumstances an alteration is wind. This is the type of situation which best carried out by a helmsman who If a large container is to be carried routinely occurs in traffic separation can see waves approaching and can on deck the effect of wind must schemes and off headlands: the therefore predict the consequences of be considered. This is relatively Terschelling Bank scheme in the vicinity a helm application rather than by an straightforward and an assessment can of the VL-Centre is a prime example. autopilot which makes no allowance in be made by referring to the formulae advance. presented in the Code on Intact A broad alteration brings about a Stability. Obviously, when considering major change in the angle and period ...AND IN PORT windage it is necessary to ensure of encounter of the ship with waves On a multi-purpose vessel the stability that container heights are correct, and exposes, progressively as the ship characteristics can affect port working particularly if referring to tabulated turns, more lateral projected wind when loading containers with deck values for lateral windage area. area. Rolling motion is stimulated by cranes into a portable or permanent waves translating beneath the hull cell guides. If a ship is “tender” there A CAUTIONARY NOTE ON athwartships and the vessel moves will be a tendency to roll towards the CALCULATION from leading slope over the wave crest quay whenever a moderate or heavy It is not sufficient to rely on mean to the reverse slope generating and container is lifted. This motion can figures for centres of gravity of sustaining the rolling motion in the seriously interfere with concurrent containers in a Trim and Stability Book process. In addition, the alteration of working in which containers are being without checking their validity for the course generates the angle of heel, positioned for lowering into cell guides. particular loading condition being outwards from the direction of the turn. Ballast may have to be taken in order investigated. The combined effect of all these factors to improve the stability and reduce can be a sudden change in the ship’s the need for synchronism between Certain ships have Trim and Stability behaviour. If the course alteration is stevedoring gangs working at different Books which contain maximum badly managed, which criticism might hatches.

Gard News 153, Containers – latent March/May 1999 defects By Per M. Ristvedt, Wikborg, Rein & Co., Kobe

Introduction and it should be noted that a cursory leakage in a refrigerated container that When a container breaks down or visual inspection of the container first materialised days after the ship otherwise fails to function as it should only is unlikely be sufficient, by itself, commenced her voyage, the chances of with the consequence that the cargo to demonstrate the exercise of due defending a claim on the basis of latent inside is damaged while in the custody diligence.5 defect may be good, depending on the of the carrier, it is sometimes assumed cause of the leak. Another example of that no defence is available to the Once the seaworthiness/due diligence a defect that may well be considered carrier. However, in cases of failure hurdle in Article 3(1) of the Hague and latent is a basic fault in the construction or breakdown of a container the Hague-Visby Rules has been overcome, or metal of the container which causes exculpatory exception referred to as a crucial question when invoking the it to break down or collapse. There are “latent defect” under the Hague and latent defect defence under Article 4(2) court decisions from France and the US Hague-Visby Rules may be a possible (p) is whether the defect could have that could be relied upon as support for defence. been discovered. this position.8

Latent defect and containers What kind of definition or test should Therefore where cargo is damaged due It is clear that the exculpatory exception be relied upon when considering to container failure or breakdown, it of latent defect, as defined in Article whether the failure or the breakdown is important that all relevant evidence 4(2)(p) in the Hague and Hague-Visby of the container can be considered a be provided to the P&I Club and the Rules, only applies to a defect in the latent defect? The courts have used lawyers who will defend the claim. All ship, and not in the cargo.1 Therefore, various definitions. Perhaps the most inspection and maintenance records in order for the latent defect defence to famous definition is the one relied upon of the container’s condition prior to become a possibility the container must in the Falls City decision6 where latent the commencement of the voyage will be considered to be a part of the ship. defect was stated to be “a defect which clearly be relevant. For instance, the could not be discovered by a person Convention for Safe Containers, 1972, In the maritime container traffic today of competent skill and using ordinary requires that the owner of the container the most common scenario is that the care”. A more practical definition and conduct inspections of the container containers are provided by the carrier. approach is perhaps to ask whether according to certain procedures within In such a case it may be argued that the cause of the container failure/ certain time intervals. Reports from the container should be considered to breakdown could have been discovered these controls could often be useful. be a part of the ship.2 Consequently, by any known and customary test.7 Also, the terminal operators regularly where the container is provided by control and check the condition of the carrier, the exculpatory exception As can be understood from the above the containers. Records or notes from of latent defect should in principle definitions it will probably be difficult such recent controls could also be be available to the carrier as a valid to succeed with a latent defect defence of interest. Furthermore, today many defence provided that certain issues are if the failure or breakdown of the of the professional container carriers complied with.3 container was caused by an incident/ check the containers on a daily basis Where the carrier provides the defect which has developed over a (particularly reefer containers). In this container, the container may be long period of time and thus could regard it is important that proper considered as a part of the vessel and have been discovered by due diligence, entries are made in the log books which due diligence must be exercised to typically corrosion and ordinary wear reflect the inspections carried out while make it seaworthy.4 In this regard the and tear. On the other hand, if the at sea. Partlow charts for refrigerated general seaworthiness obligation in container failure or breakdown is containers should also be collected for Article 3(1) of the Hague and Hague- caused by a more sudden type of defence purposes. In short: all notes, Visby Rules should be borne in mind, incident/defect, for instance a gas reports, records or other information

1 A defect in the cargo would customarily be characterised as ”inherent vice” or ”hidden defect”; see Article 4(2)(m) of the Hague and Hague-Visby Rules. 2 This position is supported by Tetley in his book ”Marine Cargo Claims”, Third Edition (1988), pages 489 and 499. This is further supported by the Red Jacket decision (Houlden v. S.S. Red Jacket, 1977 AMC page 1382), which decides that the standard of seaworthiness applies to ”all of the ship’s equipment, including containers supplied to the shippers” (at page 1401). As to European legal theory on this subject, see respectively Lebuhn and Auren in the Norwegian maritime publications ”Arkiv for Sjørett” No. 8 (1966), page 520 and ”MarIus” No. 212 (1995), page 61. Reference is also made to the French decision in DMF 1983 page 531 (at page 539) which concluded that latent defects in the “ship” should be interpreted to include latent defects in containers supplied by the carrier. The decision was later upheld: DMF 1986, page 208. 3 If the shipper provides the container, defects in the container may be considered as insufficient packing, see Tetley, page 508. 4 Red Jacket decision, referred to in footnote 2. If the carrier also stuffs the container, he will further be responsible for ensuring that the stowage of the goods inside the container is proper. 5 Pages 1401-1402 of the Red Jacket decision, referred to in footnote 2. See also the Walter Raleigh decision referred in 1952 AMC page 618 (at page 637). 6 (1932) 44 Ll. L. Rep., page 17 (at page 18). 7 Brazil Oiticia Inc. v. S.S. Bill, referred to in (1942) AMC page 1607 (at page 1621).

as to the condition of the container Concluding comments caused by breakdown or failure of would be of interest since this evidence The Hague and Hague-Visby Rules a container under the latent defect may support the carrier in proving that latent defect defence may be available exception in the Hague and Hague- the latent defect could not have been to the carrier where a container breaks Visby Rules. discovered by reasonable diligence.9 down or otherwise fails to function while the cargo is in his custody. Whether the Should the claimant successfully It is important to remember, however, defence can actually be invoked will argue that the carrier ought to have that in spite of the latent defect firstly depend on whether the carrier discovered the latent defect earlier, or defence, the carrier has a duty to provided the container, so that the that there was lack of proper care of properly and duly care for the cargo container is considered to be a part the cargo after the latent defect was from the time when the latent defect of the ship. Secondly, the carrier must discovered, the carrier can still initially is discovered. In case of a container prove that due diligence was exercised rely on the latent defect exception. In breakdown which amounts to a latent to make the container seaworthy before such a case the carrier would only be defect, the carrier should always do his and at the beginning of the voyage. liable for the cargo damage that was best to avoid (further) cargo damage Thirdly, the carrier must then prove caused by lack of care for the cargo if possible. For instance, if a reefer that the breakdown or failure of the after the latent defect was discovered, container breaks down and an empty container was caused by a defect which or from the time when it is proven by reefer container is on board, it may be could not have been discovered by a the claimant that the latent defect required that the cargo is transferred person of competent skill and using should have been discovered. to the empty reefer container. ordinary care (by utilising any known Transhipment or a deviation could and customary tests). Provided that perhaps also be appropriate if this is these requirements are complied with, considered practicable and reasonable the carrier should be able to exculpate under the circumstances. himself from liability for cargo damage

8 DMF 1959 page 534 and (1970) AMC page 2109. 9 DMF 1979, page 103, where a defect in the refrigerating system of a vessel was deemed latent since reports showed that it was not discovered by the inspection of Bureau Veritas.

Gard News 151, Container types and September/November 1998 problems

This article attempts to describe some foot equivalent units) and have an ISO The tare weight of a container is the of the types of containers in use today, width of 8 feet (2.4 m) and height of 8 weight of the container without cargo, and highlight some of the problems feet 6 inches (2.6 m). ISO standards with and this will vary depending on the associated with each and all, in terms of regard to construction and strength fittings, weight of construction materials cargo carriage. are to a large extent duplicated by the and size of the container. It will typically well known Classification Societies, range between 2-2.5 MT for a TEU and International Standards and which certify containers just as they 3.5-4 MT for a FEU. The payload weight Classification do the vessels that carry them. In this is the weight of the cargo itself, and There are many types of containers in role the Classification Societies may apart from the type of cargo this will use today, but the purpose of each of also act on behalf of a State party to be constrained by the container’s cubic them is essentially the same - quick the International Convention for Safe capacity and the maximum gross weight and efficient handling and stowage, Containers (CSC) 1972, which requires (the tare weight plus the payload and compatible carriage between implementation and enforcement of weight) not just for the container itself transport modes. With this in mind, it a regime for approval of the safety of in terms of structural constraints, but is somewhat of an irony that there is no containers.2 also any weight restrictions imposed by complete world-wide standardisation State transport systems. Payload weight with regard to design, construction, Containers weight varies between 17.5-18.5 MT for a TEU materials, dimensions, etc.1 The most Given that there are numerous types and 26-27 MT for a FEU, and this gives common standards are set by the and sizes of containers in use, the maximum gross weight of 22 MT and International Standards Organization weight relevant to their carriage varies 30-31 MT respectively. (ISO) and the most common containers enormously. With this in mind, and have lengths of twenty feet (6.1 m) and rather than taking each container type The variation in standards can be a forty feet (12.2m). These containers in turn, it is perhaps more fitting to problem in itself, particularly for the are often referred to as TEU’s (twenty outline the factors involved and the liner operator offering a door to door foot equivalent units) and FEU’s (forty most common weight ranges. service, since the various modes of

1 Variations from the most common standards, which probably only account for a relatively small portion of the total number of containers in use today, have tended to originate from large container transport operators who have sought to satisfy different requirements from shippers, particularly in terms of payload and cubic capacity. 2 See article “Inspection and Certification of Cargo Containers” in this edition of Gard News.

transport must be capable of carrying Open Top Containers instructions should be obtained from the container. For the ship itself, This general purpose container without the shippers, and their pre-shipment container handling gear may need a roof is commonly used for over-height approval of the stow is recommended, changing and stowage problems can goods and machinery and timber particularly for valuable cargoes. If arise. requiring top loading. The door end tarpaulins are found to be damaged may also be removable to allow end prior to shipment the shippers should General Purpose Containers loading. Removable roof bows can be be asked to make appropriate repairs, As the name suggests, these closed used to support tarpaulins to the extent and if these are not effected the bills containers are suitable for most types this is possible with over-height cargo. of lading should be suitably claused. of general cargo, and temporary Other details are similar to those for Regular voyage inspections should modification can allow carriage of general purpose containers. pay particular attention to these units, solid and liquid bulk cargoes. Design especially the tarpaulins which may and construction are basic - a metal These containers can be more prone to require repair and/or tightening. box, with full width doors at one end structural failure than other containers, and a wooden flooring. The diagram because they are commonly used for Fantainers on the following page shows a typical heavier cargoes and are often subject These are essentially general purpose construction of a general purpose to point loading stresses when weights containers fitted with a hatch in the container and the terms commonly have not been properly distributed. door, allowing for the fixing of an used to identify the parts making up These units also create stowage electric extraction fan (needing an the unit. Lashing points are provided, problems, as stowage on top must external power source). Air at ambient usually with a Safe Working Load3 of 2 be avoided for over-height cargoes. temperature is drawn into the floor MT each. Cubic capacity for a TEU is Shippers may request protective stows by the fan via a especially designed 33.3 cbm4 and for a FEU is 66.9 cbm. and this usually means protection from perforated lower front sill and replaced sea sprays and waves over the deck, but air is removed through the fan itself. The main problem peculiar to this type in any case, specific instructions should The aim is to balance the temperature of container is ventilation when vents/ be requested and conformed with. of the air within the container with fans are not fitted. Such containers that on the outside, to prevent are not entirely suitable for moisture Carriers should be particularly cautious condensation. sensitive cargoes, particularly on if they are responsible for stuffing. The voyages from warm to colder climates. carrier is always expected to have a Problems peculiar to this type of On such voyages, sweat can develop reasonable knowledge of the cargo, container are the inadvertent closing on the inner container surfaces and and accordingly, particular attention of the fan, units not being connected to prevent contact with the cargo, needs to be given to securing and to a power source and electrical failure sheathing on such surfaces and proper weight distribution of abnormal either through fault or loss of supply. waterproof coverings on the cargo are loads. If the cargo is suspected to be These units are unsuitable for moisture essential. Other problems are similar moisture sensitive, and the unit has to sensitive cargoes on voyages from to those for general cargo carried in be carried on deck, the cargo itself will cold to warmer climates. If moist warm a vessel’s holds, and if the carrier is need to be made suitably waterproof. air is drawn into the container it may responsible for stuffing5 due regard Tarpaulins will inevitably allow some be cooled by the cargo at its surface must be given to dangers such as moisture ingress and the common leading to the development of cargo tainting, crushing and shifting. problem of chafing also needs to be sweat. adequately guarded against. Again,

© Gard AS, July 2014 24 Flat-Rack Containers up as refrigerated units. Depending of previous cargo remnants including Commonly these containers consist on the cargo, extensive damage odours. only of a base and two ends, there are can result, and to guard against this no sides or a roof. Despite this, tare there need to be clear instructions on Other common sources of problem lie weights are generally greater than transport documents and labelling on with temperature setting, recording those for general purpose containers, the container to the effect that it is “not devices and stowage arrangements. materials being of greater scantling to be refrigerated”. Other common Incorrect temperature setting is a for improved strength and wear. They problems arise because the principles common occurrence and even when are commonly used for over-width and and limitations of container refrigeration this has been done by the shipper, the over-length cargoes and problems are ignored or not fully understood. carrier’s responsibility may become similar to those for open top containers For example, reefer containers are involved if the set temperature is are experienced. Additionally, only capable of ensuring that the not checked against bill of lading tarpaulins are not normally used so cargo is maintained at the temperature and shipping/booking instructions. fitting these can be difficult. Stability prevailing at the time of stuffing, and Temperature records are invariably when handling can also be a problem accordingly, they are incapable of of great importance and enormous if the cargo weight has not been evenly freezing a cargo which is not already difficulties can arise when recording distributed. As a rule of thumb, no more in a frozen state. Pre-cooling of the devices are not working. Partlow than 60 per cent of the weight should container, and indeed the cargo, to the charts are in common use, and each be in any one half of a container. The required temperature is usually critical, individual chart can record for up to ends of some flat-racks are foldable to but it is often thought that setting 31 days. It is often the case that the allow carriage of over-length cargoes, the container temperature at a lower charts are not replaced or filled in and to reduce stowage capacity of units temperature than that required for correctly, i.e., with start time, container not in use. It can be appreciated that carriage will give speedier cooling. This number, set temperature, etc., or the hinges on these end pieces come is not the case, the rate of cooling will that the clockwork mechanism is not in for some fairly rough treatment and not be significantly different and there activated. Temperature monitoring is accordingly structural failure on such is the risk that the lower temperature not so much a problem but a burden parts is common. will result in frosting damage to cargo. and a necessary one. The problem The ventilation openings on reefer arises when monitoring has not been Reefer containers containers can also be a source of done and/or records are not kept. There are two main reefer container problems, and it is often the case that As to stowage, it is often found that types, the integral reefer and the these are not in the correct position arrangements within the container are porthole reefer. As their names for the cargo being carried. Most not suitable for the type of refrigerated imply, the former has a refrigeration refrigerated loads (especially fruit), with cargo concerned.9 unit forming an integral part of the the exception of frozen goods, fresh container body and the latter has a meat, and non-organic goods such as Bulk Containers porthole to which a refrigeration supply photographic film, require air exchange These general purpose type containers is connected. The integral container’s to reduce carbon dioxide (CO2) build can carry dry powders and granular cooling unit needs an external power up and remove enzymes which speed cargoes in bulk. Top loading is via source and the porthole container is up ripening. For frozen cargoes the hatches fitted in the roof and discharge connected up to a system of air ducts ventilation openings should always be (which requires a tipping trailer) is via a in the vessel’s hold through which cold closed. hatch fitted in the door. Mild steel floors air is supplied from a central battery are commonly fitted to enable easy of air coolers. Both types of containers The actual functioning of the reefer cleaning. Tank containers for dry bulk are constructed in a similar way to a equipment is also a source of many cargoes are also in use, but give lower dry freight container, except that the problems. There are numerous payload capacities than the box design cargo compartment is isolated from the accounts of units not being plugged (for a TEU, around 33.1 cbm for the outer walls by a thick layer of insulating into their power/cooling source former and 19.3 cbm for the latter). material such as fibreglass matting or correctly, or at all, or being inadvertently synthetic foam. The units also have an unplugged. This is as much a problem The main problems these units aluminium t-section floor, which forms off the ship as it is on, and carriers encounter are water ingress and ducts for the passage of cold air into should be aware of their period of condensation. Care must be taken the container stow. Payload capacity responsibility for the goods and in any particularly with fine powders, where for these units is slightly less than for case ensure that a supervised regime of the inadvertent opening of hatches general purpose containers. Normally manual inspections is rigidly enforced.6 has been known to cause product loss, reefer containers are designed to carry Reefer system failure is also a problem especially in windy conditions. cargoes in either a frozen or chilled and pre-trip inspections (PTI) should state within the temperature range of be thorough.7 Appropriate spares and Tank Containers -25°C to +20°C. knowledge should be available on The tank container is a pressure vessel board to effect repairs.8 The interior mounted in a frame, the latter of which There are numerous problems fitness of reefer containers is essential, determines compatibility with standard associated with reefer containers, but and there are numerous instances dimensions. Tanks are cylindrical, but a less obvious one can arise when they where cargo has been contaminated or materials, linings and fittings vary. The are not being used for refrigerated otherwise damaged due to improper specifications of the shell and fittings cargo and are inadvertently connected or insufficient cleaning and/or removal determine the class of the tank and

3 The Safe Working Load is the maximum weight which the item in question can safely be loaded to. It is usually expressed in tonnes and is derived by applying an appropriate fraction to the item’s breaking strain, that is the weight at which it has been tested to break. 4 Cubic metres. 5 The operations of packing and unpacking cargo inside containers are usually referred to as stuffing (or vanning) and stripping (or devanning).

© Gard AS, July 2014 25 thus the type of product it can carry. dedicated tanks for certain grades. and securing. Otherwise similar The frame is designed to support the Where this is not the case, there are problems to the open top container tank when fully loaded, and there are particular risks of contamination from may be experienced. two different designs. The Frame Tank previous cargoes and this usually arises is a full frame with side rails connecting where tanks are not cleaned properly or Other container types between end frames, and the Beam their interior surfaces have deteriorated. One could go on to talk about Tank has only end frames. The latter Contamination can also result where ventilated containers, controlled has a lower tare weight and thus higher incorrect cleaning agents are used. atmosphere containers, half height payload capacity. Capacities generally Particularly with regard to food, it is containers, high cube containers, range from 15,000 to 27,000 litres. important that the tank is certified by a hanger containers (for the carriage of A filling port/manhole is positioned qualified surveyor as fit with regard to garments), and many more types, but it on the top of the tank, and a dip rod bacteria levels, odour, cleanliness and is felt that, for the time being, the units with calibration scale is provided. sterilisation, etc. Fittings are another discussed so far are those most widely Other fittings include a pressure/relief source of contamination, like for used. valve to protect the tank against over instance hoses and connections, as is pressure or a pressure valve to protect the air used in loading, discharging or General container problems against excess external pressure, blanketing operations. Whilst spillage It can no doubt be appreciated that airline connections for pressuring is not very common, it can and does most containers come in for some fairly the tank during discharge/testing or occur, mostly via leaky valves and rough treatment and this can lead to vapour recovery, and a discharge pipe, fittings. In order to guard against this, metal fatigue. This is exacerbated if valve and cap at the bottom rear end. valid pressure test certificates should be maximum gross weights are exceeded Loading and discharge may be via a sighted. Leakage may also come about or loads inadequately distributed. top outlet valve connected to a vertical by inadvertent valve operation and in Further structural weakening results siphon pipe. order to guard against this seals should from damage, such as dents, scrapes be fitted and the tank clearly marked and even punctures. With extensive Heating systems, either steam “loaded”.10 Improper carriage on forklift exposure to the elements in a salty or electric, can be fitted, and are trucks can result in accidents, the surge environment such weakening can be commonly capable of maintaining of the cargo within the tank leading to accelerated by corrosion. temperatures up to 110°C. Insulation toppling, most commonly when the is usually in the form of expanded tank is being transported too fast and/ Most damage is caused during polyurethane. Tanks capable of carrying or too far above the ground. Stability handling. Using cranes in excessive dangerous cargoes conform to IMO problems can also be encountered wind conditions or with too great a requirements and are classed according on other vehicles, particularly when speed of operation often leads to to how hazardous the cargo is and excessive cargo surge results from large contact with other objects. Many whether it is a liquid or gas. Food grade ullages. containers are fitted with forklift truck tanks are commonly referred to as pockets, and such forks have a nasty “Type O” tanks, which are suitable for Open-sided containers habit of causing damage. Improper the carriage of food stuffs intended for Another variation on the standard stowage and securing (of the container human consumption (some alcohols/ general purpose container design is and its contents) can also cause spirits may fall within IMO dangerous the open-sided container, which as the damage, as can wave impact and the goods requirements). These tanks and name implies has no sides, only a base, leakage of corrosive contents.11 their fittings are usually constructed roof and ends. The sides can be closed with stainless steel, and have highly by full height gates and/or curtains The integrity of the space within the polished smooth interiors to avoid (usually nylon-reinforced PVC). container may be compromised by crevasse collection of contaminants. structural weakening, and this may A common problem with this type of be particularly critical for tank and Problems peculiar to this type of containers is the loss of cargo through reefer containers. As with a ship’s container include cargo contamination. shifting. The gates are not usually holds, weather-tightness is a common Most tanks, particularly food grade designed to IMO transverse strength problem, and doors, hatches and other ones, are used for a single product, requirements, and accordingly, care openings have been known to permit and some shippers even have their own must be taken with regard to stowage ingress because seals/gaskets are in

6 With porthole reefers it is clear that when not on the vessel, the cargo requires another source of cooling, and this is often provided by a clip-on generator unit. It is essential that these units are available and are in working order. When on the ship care must be taken to make sure that the port holes are facing the right way and that the container size matches the connections. Some systems may be arranged so as to have a certain temperature or temperature range for a certain stack, and in such cases it is also important to check that the unit is stowed in the correct stack. With integral reefers it is important to make sure that the power plugs and leads are the correct type, in terms of proper connection and electrical compatibility. 7 These inspections, to confirm the proper operation of the container before each voyage, can be done either manually or automatically by micro- processor control. It should however be remembered that some checks, e.g. for signs of damage, require manual inspection. 8 Many charterparties expressly provide that owners are to notify charterers of reefer unit malfunction/failure and thereafter take reasonable steps to effect repair. Indeed, should the reefer system fail on voyage or the unit’s insulation integrity become compromised, even if by wave damage, the carrier still has responsibility to take care of the goods, and accordingly has a duty to take reasonable measures to preserve the cargo, for instance by using an empty reefer container, or other available and appropriate reefer space on the vessel. In order to facilitate such measures reefer containers should have accessible stows. 9 For comments and advice on this and other reefer cargo problems see the articles “Reefer Cargoes - the Claims Handler’s Point of View”, in Gard News 135, October 1994, pages 12-14 and “Reefer Containers - a Brief Outline with Guidelines for their Use”, in Gard News 140, January 1996, pages 8-9. 10 The problems described in the article “Problems Created by a Leaking Tank Container”, which appeared in Gard News 136, December 1994, page 9, are a good illustration. 11 See the article “Shifting Containers” in this edition of Gard News. 12 Most container lines and/or terminals issue Equipment Interchange Receipts (EIR) at the time the container arrives and leaves the terminal. These receipts should document any container damage found by inspection at these times.

© Gard AS, July 2014 26 poor condition, or are not giving a have parts missing, this should be container was stuffed and sealed by the good seal because of the presence reported, as it may be necessary to shippers.15 The description of contents of dirt or distortion of the door/hatch. appoint a surveyor. Sealing is also can also cause problems, particularly Securing levers, which act to keep important in terms of fraud, which is if the cargo is dangerous or a threat the door/hatch pressed against the becoming an increasing problem for to the environment. In cases of fire, seals, are also frequently found to be containers. It goes without saying that loss overboard or salvage, the timely defective. carriers should be particularly careful availability of correct and sufficiently when dealing with shipping requests. detailed information is essential and It is clear from the above that a sound Spot inspections should be carried this should be impressed on shippers.16 system of container inspection and out and potential customers should As to weight, it has been noted that maintenance is essential. Hand in be aware of this in order for it to be an shippers may occasionally declare hand with such a system is proper effective deterrent. lower figures, presumably as a means documentation. An all too familiar of minimising or avoiding taxes and/ problem is not being able to evidence Containers are often associated with or dues. This may create problems in when containers were damaged.12 specific carriage instructions, for terms of vessel stability and container instance as to stow, temperatures, etc., stowage and securing,17 and may result Integrity may also be compromised and great care must be taken in order in contravention of transport weight by pilferage and stowaways and this is to make sure that such instructions restrictions. where the importance of proper sealing are correct, properly documented and comes to the fore.13 Seals should be conformed with. To sum up, it can be seen that, whilst checked when a container is received containers have revolutionised shipping into and delivered from the carrier’s A final problem worth mentioning is and brought several benefits, they have care and at intervals in between (for the shippers’ declaration of contents also created a fair share of problems. those units that are accessible).14 If seals and weight. With regard to contents, Appreciating these problems and how are found to be broken, an interior there are some jurisdictions, such as to avoid or otherwise address them inspection should be conducted, and the United Arab Emirates, which still is an important part of the successful if all appears in order, re-sealing will do not allow a carrier to rely on bill carriage of containers. be necessary (making an appropriate of lading clauses such as “contents record of the seal numbers). If the unknown” or “shippers’ load, stow and contents appear to be damaged, or count”, even when it is clear that the

13 The stowage of containers is also important and to avoid pilferage, containers with valuable cargoes should be stowed (all other factors permitting) within stacks, or so their doors can not be easily accessed. 14 The seal status is also usually recorded on the EIR. 15 However, most jurisdictions do give effect to such words, and accordingly it is important that they are clearly stated (preferably in typed words) on the face of the bill of lading. The following statement should be sufficient : “Container stuffed and sealed by the shippers, said to contain (details of cargo); weight, number, quantity, condition, quality and contents unknown”. See also article “When is a Package not a Package?” in Gard News 149, March 1998, pages 12-14. 16 Proper container labelling and documentation, including packing lists and dangerous goods papers, are essential elements of information availability. 17 See the article “Shifting Containers” in this edition of Gard News.

Gard News 140, January 1996 Porthole reefer containers

This article focuses on cooling systems be stowed and unloaded irrespective of (evaporators) are present. These five for containers on board ship which offer the type of cargo and conditions at the systems are interconnected to one maximum flexibility with regard to ports of loading and discharge. Each standby receiver, with sufficient capacity cargo handling. Stalicon and Conair are container is connected to its own to take the refrigerant of any system. commercial names for such systems cooling unit or Stalicon module. The The brine or refrigerant is circulated which use porthole containers. primary refrigerant is R-22 and the from the ship’s engine room to the air secondary agent is brine. The module coolers in the units and back again. The Cargoes which are not normally mixed comprises an insulated unit temperature of each stow is controlled can be stored not only in the same bay incorporating an air cooler, control by a three-way brine recirculation valve, but in the same stack, and will receive valves, fan and motor, defrosting which receives its signal from a individual treatment without the risk of equipment, container couplings, computerised control unit (PID control tainting. The physical dimensions of temperature sensors and a fresh air – PID stands for Proportional refrigeration plants such as Stalicon and valve for controlling the carbon dioxide Integration Differentiation). Conair are so small that the space (CO2) content. Together with the saved can be utilised for other container, the module forms a closed air The desired delivery air temperature is purposes. The absence of airducts also system, whose atmosphere can be also adjusted via this computer, of reduces the fan power and hence, the controlled irrespective of that of the which part is located in the engine total consumption of air. other containers. Each module control room with measuring devices in consequently has a number of functions each reefer bay. If the valve is closed, In this system each container may be requiring control and monitoring. This is the same is automatically put in the cooled individually, but the benefits of accomplished with the aid of a recirculation position, which means that centralised refrigeration machinery are computer-based control and monitoring the brine by-passes the brine cooler retained. Other benefits are small space system, which has been developed and returns to the brine room, where requirements and low power specially for use on board reefers normally five brine pumps are located. consumption, since common air (refrigerated cargo vessels) and distribution ducts are not required. Last container ships. In the brine room delivery and return but not least, there is the additional valves are fitted. Each group of stacks in benefit that the cargo in each container In total five screw-type freon the holds has its own delivery and may receive individual treatment. compressors are installed, of which one return brine main, which is connected is a standby set and a supplementary to three cooling mains in the valve In addition to preserving the exact cooling-down compressor. Each manifolds in the brine room. The condition of each cargo at loading, this compressor has its own independent refrigeration system is fitted with a facility allows for unique flexibility and circuit with evaporator and condenser, flash-gas equipment for the purpose of rapid cargo handling. Containers may thus in total five brine cooler increasing the capacity of the plant.

© Gard AS, July 2014 28 The system is designed to keep frozen containers were only connected to the temperatures varied from minus 4ºC to cargo frozen but is not capable of plant in the container yard two days minus 12ºC. During the whole voyage freezing cargo from a previously after the containers’ discharge from the the return temperatures were unfrozen state. During recent years a lot vessel. The next day a sanitary survey approximately 4 to 5ºC below the of claims related to damage to frozen was carried out and the containers delivery temperature, i.e. 10 to 13ºC or chilled meat loaded on board vessels showed temperatures ranging between and during the last part of the voyage equipped with such systems have been minus 12.0ºC and minus 13.3ºC. 14 to 16ºC. received. The cause of the damage to the frozen or chilled meat is mainly due The five containers were provided with The question was whether the carrier to preshipment problems, i.e too high nitrogen clip on units for subsequent should have claused the Bills of Lading temperatures of the meat at the time of transport to the consignees’ premises. and whether the master had been in a shipment on board. The master is not in A joint survey was carried out at the position to clause the Bill of Lading. The a position to clause the Bill of Lading consignees’ premises and a general Court ruled in favour of our Member for the porthole containers in the port depreciation of seven per cent was and held that: of loading. agreed between the parties. The (1) The porthole system is not capable surveyor acting on behalf of the cargo of freezing cargo, which has been The porthole containers are delivered interests attributed the damage to the loaded with too low temperatures for shipment without having been cargo to the fact that the containers before loading on board the vessel. connected to the clip-on units to had been left without refrigeration or (2) The carrier has no reasonable means maintain a stable temperature or ventilation at the container yard of checking the temperatures and without nitrogen injection at the ports between discharge and delivery to the stowing of FCL/FCL porthole containers of loading. The vessel’s staff have to rely receivers. The surveyor representing before loading on board the vessel. on the information received from the Gard’s Members’ interest diagnosed (3) The carrier was not in a position to shippers that the cargo has been pre-loading damage as the container’s clause the Bill of Lading for this kind of stuffed at a temperature of minus 18ºC temperature logbooks on board the FCL/FCL porthole containers. or minus 1ºC, for reefer and chilled vessel revealed that the return (4) The carrier had exercised due cargo, respectively. The master has no temperatures had always been incorrect diligence and was not estopped from control whatsoever over the i.e. from the time of loading on board referring to pre-shipment damage as temperature of the cargo inside the to the time of the discharge, which being the origin of the damage containers. By the time the containers made him draw the conclusion that the claimed. are connected to the coupling device cargo was not properly frozen at the (5) Since the case against our Member on board the vessel and before time of handover from the shippers to was dismissed, the third party obtaining the first temperature printout the vessel in Buenos Aires. proceedings against the stevedores was the vessel is already underway and found to be groundless. therefore it is not possible to clause the The discharge port stevedores bill of lading. contended that they had supplied cold The claimants did not appeal the case. air at minus 18ºC while the containers According to our Le Havre Recently a claim was received in respect were in their custody. The vessel’s correspondents, the comments made of frozen meat stuffed into a porthole captain alleged that the containers had by the judges as far as transport in container and legal proceedings were not been connected in the yard over porthole containers is concerned are in started by the claimants against our the weekend due to lack of available line with current jurisprudence of the member in France. The facts are the equipment. Cargo underwriters local tribunal. following: The vessel loaded five FCL/ commenced legal proceedings and our FCL porthole containers stuffed with lawyer was instructed to issue third frozen hake fillets in Buenos Aires party proceedings against the destined for Le Havre. Shipper’s stevedores. instructions were to maintain minus 18ºC during ocean carriage. After three The plaintiffs contended that the weeks the vessel arrived at Le Havre. delivery temperatures were not minus The day after the vessel’s arrival at Le 18ºC during the first six days, i.e. as Havre the containers were unloaded. from the time of loading in Buenos Due to the fact that no clip on units Aires. According to the first print outs of were available at Le Havre, the the vessel’s logbook the return

Gard News 151, September/November 1998 Containers overboard close to port limits

Over the years the Association has the same, or an operator may simply as “improper/inadequate form of experienced several cases of containers want to have his vessel ready for securing/lashing of containers with going overboard, also within or close discharge upon arrival and thereby save failure to use cross bar lashings, as the to port limits, and there are reasons to time in port. vessel is on feeder trade conducting suspect that in some of the cases the short, quick voyages”. securing devices have not been fully in An example place. Scenario: a feeder container vessel was The Association’s previous experience on the approaches to Mumbai outer would indicate that the only proper way We are aware that ship operators harbour, travelling at 8 knots when the to operate with containers is to strictly sometimes have the cargo unsecured vessel made a sharp turn to starboard, follow the vessel’s approved stowage after leaving port and before arrival. which caused her to heel heavily to the and lashing plan. The safest method The reasons for doing so are generally same side. The weather was described is the recommended combination of time and money. In port stevedores as “prevalent turbulent monsoonal twistlocks, turnbuckles, rods and cones may not allow the crew to do this type swell and seas”. with appropriate stress loadings as of work and may charge high fees for Loss: containers carried on the hatch recommended by the manufacturers.1 doing it. That problem was recently covers were stacked in three tiers. Six 40 It can be seen from the example encountered by one of our Members, foot containers went straight overboard given that proximity to the berth is no who wanted the crew to secure the from hatch No. 1, one 40 foot and two guarantee of safety as far as lashing containers on the way out from the 20 foot containers fell down on deck. arrangements are concerned. loading port. The Association was consulted and recommended strongly Cause: an inspection following the against the procedure. However, a incident revealed sheared and broken number of operators may choose such twistlock fittings. Metal fatigue and solutions, so stevedore policies may improper locking of the twistlock have an influence on cargo safety. fittings could be a part of the picture, Arriving in port, the situation may be but the main cause was put down

1 See the articles “Will your Containers Shift? – Some Points to Check” and “Shifting Containers” in this edition of Gard News.

Gard News 151, Will your containers shift September/November 1998 - Some points to check

Several articles in this edition of containerships read tier and stack centres of the container, and the Gard News highlight the problem of weights) are not to be exceeded. number, disposition and breaking strain containers shifting.1 In order to assist Containers sides are not to be used of the lashings should be calculated Members to prevent this type of as restraining walls. If containers are accordingly. The general rules of incident we outline below some points stuffed by the carrier, proper care seamanship are always worth bearing to be borne in mind when carrying should be exercised with regard to in mind: containers on deck, as this is when securing contents, particularly heavy (a) the total holding power (in tonnes) shifting most often occurs and when items. For containers not stuffed by the of all lashings holding the cargo item the consequences of shifting are most carrier, spot checks are recommended.4 vertically down to the deck costly and wide ranging.2 (3) Spot checks of container weights should be no less than three times the should be conducted. Where a gross weight of the cargo item; Stowage and Securing container weight can not be checked, (b) the holding power (in tonnes) (1) Shippers’ instructions should be and is suspected to be incorrect (for of all lashings preventing sideways checked and conformed with.3 instance given its reported contents), movement (port to starboard) and (2) Containers should be stowed so the maximum gross weight should be of lashings preventing forward to that the weight of the units is borne by applied for the purposes of securing. aft movement should be no less the corner posts only, and maximum Centres of gravity should also be than seven-tenths and three-tenths deck/hatch weights (for purpose-built assumed to lie at the geometrical respectively of the figure in (a), above.

1 See the articles “Shifting Containers”, “Container Types and Problems”, “Containers Overboard Close to Port Limits” and “When Boxes Box with Each Other” in this edition of Gard News. 2 For a more detailed discussion on this problem see the article “Shifting Containers” in this edition of Gard News. 3 The carrier is still obliged (e.g., under the Hague/Hague-Visby Rules) to properly and carefully load, stow and carry the cargo. Accordingly, the carrier may be obliged to arrange a protective stow if it is readily apparent that one is necessary, even though it has not been requested. 4 With units such as flat-racks, poor securing of contents may be readily apparent, and if this is not detected or is ignored, the carrier may face difficulties in avoiding liability for damage/loss resulting from such poor securing. 5 The Cargo Securing Manual is required to provide information with regard to the specifications of fixed and portable securing devices, inspection and maintenance schemes, handling and safety instructions, stowage and securing instructions, other allowable stowage patterns, and the forces acting on cargo units. For more details see the article “Cargo Securing Manuals” in this edition of Gard News.

© Gard AS, July 2014 31 (4) The Cargo Securing Manual5/ of grips will depend on the type and points on decks/hatches and the Classification Society approved diameter of the wire. PVC-coated wires containers themselves (particularly the securing manual/lashing plans should should have the coats removed and the corner castings),7 as well as portable always be consulted and adhered to, grips applied to the wire, not the coat, devices such as wires, stacking cones, unless there are good grounds for as slipping is found to occur. lashing rods and turnbuckles. Suspect questioning them. In such cases, the (9) Welded devices should be used devices should never be used, and relevant authority/Society should be in preference to timber chocking. All always stored separately (for repair/ consulted before any decision is made. welding to be inspected prior to the replacement) from usable devices. (5) Periodic checks of stevedore/crew device being used. Where timber (4) Follow the inspection, maintenance securing work is recommended, and all chocking is the only alternative, it and repair instructions of the securing must be in place and checked should be properly secured within itself manufacturer and replace gear in (for tightness, proper application and using nails, wedges, bolts, etc. accordance with the manufacturers’ arrangement) before sailing. Further (10) Deck securing points must provide recommendations or whenever it is inspections should be conducted at effective leads in terms of the axes of considered suspect. Sufficient spare regular intervals during the voyage, the forces being resisted, and be so devices should be carried on board weather permitting, and securing is arranged to avoid chafing. The securing the vessel. The upkeep of appropriate not to be removed before berthing. points must not be overloaded by records of all inspections, repairs, and Appropriate adjustments should be holding more lashings than they can maintenance work is essential. made if required and all of this should safely take, and if necessary additional (5) A log of all securing devices should be properly recorded in the deck log points are to be welded. be maintained, with photographs, using book. (11) A proper assessment of the correct trade names and part numbers (6) Stacking on non-purpose-built forecasted and possible weather as per the manufacturers’ handbook. containerships should be avoided, but if conditions should be made before Duplicate replacements can then be this is not possible, the stack should be the vessel sails and the securing ordered easily. All replacement devices no more than two units high. Each base arrangement should reflect the worst should be checked for compatibility corner on the lower container should be expected weather. Similar assessments with other devices. restrained by a welded securing device should be conducted at appropriate (6) All fixed and portable devices should such as I beam, deck socket with shoe intervals during the voyage. The vessel be clearly marked with safe working twistlock or locator cone, and interlayer should be routed,6 if possible, to avoid loads (or similar load rating) and be of stacking cones or turnfoot twistlocks rough weather, and courses and speeds sufficient strength for the task. should be fitted at each corner between should be adjusted to avoid excessive the containers. Additional securing will rolling and water on deck. Stabilisers be necessary depending on the exact should be used if fitted. Extra securing arrangement. may be necessary during the voyage, (7) For containers stowed adjacently on weather permitting, in cases where the non-purpose-built containerships, loop worst expected forces are likely to be/ lashing is not to be practised. Double have been exceeded. inter-layer stacking cones or screw (12) Stability must be adequate for bridge fittings should be used to give a the whole voyage and must conform more rigid stow. with Classification Society lashing plan (8) For the proper application of conditions. Excessive stability should bulldog grips, manufacturers’ or rigging be avoided as this often subjects deck suppliers’ instructions and seamanship cargoes and their securing to greater books should be consulted. Grips forces than is necessary. should be the correct size for the wire used and the u-bolt should be fitted Maintenance and repair against the loose, tail or dead end of (1) The cheapest securing device is not the wire (dead ends to be whipped/ usually the best in terms of wear and taped before cutting to prevent reliability. unravelling). The other part of the (2) Securing devices must be handled grip – the saddle or bridge – should be with reasonable care, and not thrown, fitted against the working part of the dropped or left lying about the ship. wire. The first grip should be positioned When not in use devices should be close to the neck of the eye (or thimble) placed in protective stows. with the others facing the same (3) Check all devices before use for direction, spaced apart at six times the signs of wear and damage. This goes diameter of the wire rope. The number for both fixed devices, such as securing

6 There are organisations which offer weather routing services. 7 Container condition may be checked by the port/terminal at the point of entry and copies of relevant documentation can be requested. Spot checks on container weights, security, and contents also provide opportunities to check container condition. When containers are being secured, corner castings can be closely checked.

Gard News 151, September/November 1998 Shifting containers

Over the years the Association has had excessive wearing, distortion or other secure within itself, and shipped seas in experience of several serious incidents damage. Rust will readily form under the particular have a habit of breaking up the involving containers shifting. Most conditions experienced at sea and this chocking arrangement. problems arise with containers loaded on process of corrosion will accelerate the deck, and this is not surprising as under- weakening process. Simple wearing can Poor lashing angles and leads are yet deck stowage is often in cell guides.1 Deck affect devices such as shoe twistlocks another example of incorrect securing cargoes are exposed to the elements and and base sockets to which the former device application. This is not usually a greater transverse forces,2 and there are fit. With such devices the edges/lips can problem on vessels designed or properly numerous things required of the carrier become so worn that the twistlock can adapted for the carriage of containers on if deck carriage is to be successful (which easily slip out or leave such a small degree deck, since the deck/hatch lashing points also means there are numerous things that of metal to metal contact that the excess are positioned to avoid chafing and to can go wrong).3 clearance allows the containers to move. be most effective in terms of resisting Once this momentum is started and forces. A common example of the chafing Apart from deck stowage being the most excessive loading results, all other securing problem arising on non-purpose-built common factor involved with shifting devices can quickly fail. Mechanical failure containerships is loop lashing. This is containers, the consequences of shifting sometimes results from a manufacturing the bad practice of lashing two adjacent on deck can be particularly wide ranging defect and more often than not this is containers with one wire, which passes and costly. Damage may be caused to the associated with cheaply made devices. through the adjacent corner castings shifted container or other units contacted, of each container. Such a practice may and where this involves toppling from a Incompatible securing devices lead to the wire becoming overloaded. stack, damage may be extreme. This may With the multiplicity of device Overloading can also occur where fixed be particularly critical if a reefer or tank manufacturers and the lack of securing devices, like deck eye pads, are container is involved. Where adjacent units standardisation, many devices are made to hold more lashings than they are affected, a domino effect can result designed to be used only in conjunction can safely take. Such an arrangement is in a number of containers shifting and with other devices of the same make. An often associated with poor lashing leads, even being lost overboard. If numerous example of this is shoe twistlocks which are and accordingly the problem becomes containers are lost the vessel may be incompatible with deck sockets. Another compounded. caused to list and this could lead to further example is the joint use of twistlocks shifting as well as stability problems. having either right or left handed closing The looseness of lashings could be Invariably the contents of lost containers levers. In such circumstances it is very said to be another area of incorrect will be a total loss, and added to the cost difficult to tell if the twistlock is closed or securing device application. This can of this is the likelihood that the shipowner open, since in the same lever position one lead to a container or containers gaining may be required by the State, whose device would appear to be closed and the momentum as mentioned above. Slack waters may be affected, to carry out search other would appear to be open. One can securing usually arises from stevedore/ and recovery (or at least pay for it).4 The imagine how dangerous such a practice is. crew laziness, poor workmanship and/ contents of containers may also cause or perceived/actual time constraints, and harm to the environment and this may lead Incorrect securing device application such shortfalls are exacerbated when, to claims for damage to property and/or Non-purpose-built containerships are through poor maintenance, devices are resources. State penalties and fines may frequently involved with many securing too stiff to operate. Common examples of be imposed. device application problems. On such this are twistlocks left in the not fully closed vessels steel wires are the common lashing position and slack turnbuckles. Of course, There are numerous factors involved with medium, and where bulldog grips are securing devices may also work themselves the shifting of containers carried on deck used to either join two ends or form a loose during a voyage, particularly in heavy and this article attempts to identify and loop, numerous failures have been found weather. discuss these.5 to occur. Incorrect grip sizes, numbers of grips and improper grip to wire application Bad stowage Defective securing devices have all contributed to these failures. Another cause of shifting is the stow Very often the proximate cause of Timber chocking is popular practice arrangement, an example of which is when containers shifting is a defect in the on non-purpose-built containerships, two twenty foot containers are stowed on securing devices themselves. Securing principally because it is cheaper and one forty foot container. Most containers devices invariably receive some fairly quicker than welding restraints, e.g., I are constructed and designed to stand rough treatment, and this can result beams or base sockets (for twistlocks). on the four bottom corner castings alone, in metal fatigue, fractures, breakage, Sometimes, however, the chocking is not and it can be appreciated that there are

1 There are a number of container vessels operating today with cell guides fitted on deck. 2 For further information and explanation see the article “A Basic Guide to the Principles of Transverse Stability” in Gard News 145, March 1998, Pages 14-18. 3 The reader may also wish to refer to the article “Carriage of Containers in Bulk Carriers” in Gard News 118, July 1990, Pages 24-25. 4 This will be particularly likely if shipping lanes are affected or there is a threat to the environment caused by the container or its contents. 5 The article “Will your Containers Shift? – Some Points to Check”, in this edition of Gard News, outlines a number of points to be borne in mind in terms of preventing such occurrences.

no such supports located at mid length With a likely further reduction in the GM satisfactory, the arrangement may be of on a forty foot container. The roof and during the voyage a capsizing moment can insufficient strength to withstand the forces top rails are not designed to bear such be formed, and this may be severe enough being exerted. This is a common source of weights, and buckling will likely occur. to overload securing arrangements. On securing failure and thus container shifting, This may lead to a collapse of the stow, the opposite end of the scale, a large and it is more than often associated with and thus shifting. A similar problem arises GM can result in heavy rolling subjecting forces having been underestimated, wrong where the bottom side and end rails rest lashings to excessive and often sudden devices (or combinations of the same) on dunnage boards (which are required forces.6 having been used, or simply insufficient to give better resistance against slipping devices having been used. Non-purpose- than metal (the container) to metal (the Operator’s error built containerships are notably involved deck/hatch) contact). A collapse may also Whilst operator’s errors could be said to with such problems, particularly where occur because tier and stack weights play a part in all of the causes of container timber chocking is used. Such restraints (for non-purpose vessels read maximum shifting discussed so far, it is most obvious, are far less effective than welded devices, deck weights or hatch weights) are not and perhaps the sole cause, in cases and if additional securing is not provided, adhered to. Where containers are stowed where containers have shifted as a result shifting can occur. adjacent to break-bulk cargoes a number of having been secured shortly after, or of failures were also found to result unsecured shortly before, berthing. This For many purpose-built containerships because containers have been thought essentially time and cost-saving measure the securing arrangement is calculated able to act as restraining walls. The stow is more than outweighed by the huge and approved by a Classification Society, within the container is just as important, risks involved, not just in terms of losing and failures commonly result because the and if contents do shift this will likely affect the odd container, but to the safety of Society’s approved lashing plans, or their securing devices, possibly to the extent of life and the ship itself. If containers are attached conditions, are not adhered to.8 overloading. not properly secured, it may only take a relatively small force to cause movement, It can be seen that there are numerous Stability and once this starts, the domino effect can causes contributing to the shifting of As previously mentioned, deck cargo, take over. Such a force may come from containers on deck, and in many cases a as opposed to under-deck cargo, is the vessel heeling over on a large turn or combination of these actually occurs. In usually exposed to greater transverse suddenly heeling on an emergency turn, or terms of liability for damage/loss to the forces. Stability can therefore be of great by a sudden squall bringing strong gusts cargo, the difficult defences of “latent significance and associated with this is the of wind and choppy seas.7 defect”9 (of the securing devices) and problem of containers weight. It is often “perils of the sea”10 are often thought the case that the weight of containers Securing devices/arrangements with to be more protective than they actually is actually in excess of that declared or insufficient strength/restraining are. Whilst in many cases the weather estimated, and the total difference may power has been very poor, it is often found that mean that a vessel’s initial metacentric Whilst all other aspects involved in the proximate cause of the loss is lack of height (GM) is much lower than calculated. securing of containers on deck may be maintenance and/or other human error.

6 See footnote 2. 7 See the article “Containers Overboard Close to Port Limits” in this edition of Gard News. 8 The plans are usually based on maximum stack and tier weights (which in turn depend on such things as maximum deck/hatch weights, stability considerations and bridge visibility), weather criteria (force 10, ship roll +/- 30 degrees, ship pitch +/- 8 degrees is commonly used) and stability conditions. A condition of many plans is a maximum GM (see footnote 2). 9 Hague and Hague-Visby Rules Article IV, Rule 2 (p). 10 Hague and Hague-Visby Rules Article IV, Rule 2 (c).

Gard Guidance to Masters, Containers 2000

2.11.6.4 IMDG labels – the seal numbers concur with the 2.11.6.7 Lashing and securing of During loading, attention should numbers in the cargo documents. deck containers be given to IMDG labels identifying After loading containers on deck, dangerous goods. The labels on these Wherever possible the Master should particular attention should be paid to containers should correspond to the establish a procedure for checking proper lashing. Only approved lashing descriptions in the dangerous goods the container seals. Any irregularities material of suitable strength and manifest and dangerous cargo stowage should be immediately notified to quality should be used in accordance or bay plan. Storage of these containers the stevedores or terminal operators with the ship’s approved container should always be in accordance with responsible for the loading, as well as lashing plan and the Cargo Securing the dangerous goods stowage plan. the ship’s agent and the Company. Manual as approved by the flag State If discrepancies are noted, the Master administration. should ensure that the container is re- When broken seals are discovered and loaded in the correct stowage position replaced by the crew, a record should Mixing of different securing devices as planned. be made in the log book and the bill of should be avoided, such as left- and lading together with the relevant seal right-handed twist locks and sockets. 2.11.6.3 Seals and doors numbers. Loss of containerised cargo often During the voyage, the container arises prior to loading. The methods On checking individual containers, securing arrangements should be of theft are becoming more and more whether ashore or on board, the regularly checked and tightened where sophisticated and traces of unlawful crew should be instructed to look for necessary and such checks should be opening of containers are very difficult defective or loose bolts on hinges and entered in the log book or the relevant to discover. seal brackets and to identify any signs ship’s forms. of interference. Any such observations must be reported immediately to the 2.11.6.2 Condition of containers The speed with which containers are responsible officer so that appropriate If containers are not properly loaded onto a ship makes it difficult to action, such as closer inspection or maintained, they are likely to cause check whether: rejection of the container can be taken damage to their contents. Whilst – the seals are intact

© Gard AS, July 2014 35 together with the engineer responsible, ensure that the ship’s electricity output is sufficient for the supply of power during the entire voyage. To prevent a power failure or insufficient power supply, special attention should be paid when additional power is required: – on entering and leaving port using the bow-thruster – during cargo operations in port using the vessel’s cargo gear.

The Master should ensure that: – all reefer containers are properly connected to the ship’s power sockets – a daily check on the temperature of reefer containers is carried out if required by the Company or the charterer to prevent damage to the cargo by insufficient cooling – a daily written record is kept and retained for at least two years.

2.11.6.6 Container weights and stability Weights of containers are sometimes it is difficult, if not impossible, for 2.3.2. Broken container seals not properly checked ashore or the tare the Master or his officers to check Broken container seals should be dealt weight has been disregarded so that whether the doors of the container are with similarly to damaged cargo, and a the ship’s stability is affected. If in any watertight or if holes in the roof allow replacement seal should be requested doubt the Master is advised to: water to penetrate, close observation from the shipper unless the container – carry out his own stability tests of cargo operations during loading has been sealed by the Company. If – re-check the ship’s stability of containers may give some useful the shipper refuses, the ship should calculations indications. protest in writing, provide its own – demand clarification from ashore replacement seal and clause the mate’s – unload and re-weigh suspect Containers with apparently neglected receipt. It is also advisable to open the containers. exteriors should be closely inspected. container and inspect the goods (see This is particularly relevant to tank section 2.2.5.1. The apparent order and containers, as even tiny holes, defective condition of the goods). If the goods valves or gaskets allow the liquid are found in a damaged condition, the contents, often of a hazardous nature, steps should be followed as set out to escape and create a dangerous air in section 2.3.1. General steps to take mixture. This can cause personal injury should be followed. by contact, inhalation or cause an explosive air mixture. If an inspection 2.11.8.4 Reefer containers raises doubts as to the safety of the When containers with refrigeration units container, it should be off-loaded. are to be loaded, the Master should,

Gard News 171, Container stack collapse August/October 2003 – Overweight and unfit containers

The collapse of a container stack on weight, i.e., container and cargo, to have 18 MT or more undeclared board a vessel is a significant and far exceeds manifested/stowage plan cargo, which even resulted in the too prevalent problem. According to weight) and unfit containers (not maximum operating gross weight for Gard Services’ statistics for major claims structurally sound) are causes that may each container being exceeded.3 It is for the five policy years from 1996 to not be fully appreciated or understood. worth noting that an African load port 20001 the problem has accounted for It is also fair to say that the situation was involved in all these cases, and the loss of 212 containers overboard. is likely to worsen in the absence of although the problem of overweight However, statistics do not tell of the carriers taking preventative measures.2 and unfit containers is a world-wide grave consequences that can result one, it may well be greater in places from container stack collapse – loss Recent cases where container fleets are generally of life or injury, damage to the ship, Two recent cases which Gard Services older and where the enforcement of equipment, cargo and the environment. has been involved with have certain container related regulations is lacking. The consequences are likely to be similarities. Both cases involved heavy graver where containers stuffed with weather and the collapse of an on-deck The more obvious risks of stack dangerous goods are involved. Even container stack in way of the bottom collapse where the consequences are fortunately container. In each case, the bottom Overweight and unfit containers give minimal, the disruption to vessel container was of questionable fitness in rise to some fairly obvious risks as far operations alone can be very costly. terms of structural integrity. However, as stack collapse is concerned. For that was not the only factor. In each example, overweight containers may Overweight and unfit containers case the weight of certain containers result in the overloading of securing Whilst the causes of container stack within the stack was found to be in systems, fittings or even decks on which collapse can be numerous and often excess of the manifested weight. In they are loaded and an unfit container difficult to determine, more recent one case, four containers (forty foot at the base of the stack may be unable cases suggest that overweight (actual units) in the collapsed stack were found to withstand the compression load

1 Claims on the Association in excess of USD 75,000. 2 The IMO Sub-committee on Dangerous Goods, Solid Cargoes and Containers reported at their 7th session in September 2002 that, out of a total 19,704 containers inspected by governments in the period 1996-2000, some 1,737 containers were found with Container Safety Convention (CSC) plate and structural deficiencies. 3 The maximum operating gross weight for standard ISO TEUs/FEUs is 24/32 MT.

© Gard AS, July 2014 37 from containers on top. A standard ISO Container stowage plans Recommendations container should be design-tested to A vessel’s container stowage plan 1. A careful watch should be kept for withstand 192 MT of weight stacked will often state limiting weights containers which may be unfit for on its corner posts when subject (container plus cargo) for each stack carriage. Any container with suspect to 1.8 times the force of gravity. An and sometimes each container position fitness should not be loaded, but unfit container may only be able to within a stack. These limits should put to one side for closer inspection withstand a weight much less than that. take account of loading constraints on ashore. If still considered unfit7 the In circumstances where containers on securing systems, fittings, decks and on container should be rejected for top exceed their maximum operating the containers themselves. carriage until it has been certified fit gross weights, as in the case mentioned by an approved surveyor. above, even a sound container may Observation of the limiting stack weight become subject to a weight on top in alone will be insufficient to avoid the 2. The container inspection should excess of 192 MT. risks of stack collapse. One must also include the Container Safety consider the distribution of weight Convention (CSC) plate, which Racking and transverse forces within a given stack, primarily to ensure should evidence whether certified – the less obvious risk of container that the safe working load of any item inspections are in or out of date.8 collapse of securing equipment is not exceeded. A classification society sticker does A standard ISO container is designed There is often a problem for example not mean that the container is in to withstand limited forces. One of where heavy containers are stowed in fact fit. the most important, but less obvious the top tiers of an on-deck stack, and limitations to be aware of is that of where transverse forces are at their transverse racking force. This is a force greatest. Where overweight containers 3. Container terminals often inspect applied to the top container fittings are unknowingly shipped, the risk of containers at points of terminal (whilst the bottom fittings are assumed limiting stack weights being exceeded exit/entry to avoid being held to be anchored) and which racks or individual securing items being responsible for pre-existing the end structures of the container overloaded is obviously much greater. container damage. Container lines sideways. For standard ISO containers may be able to make arrangements this is typically 15,000 kilos, which Limiting weights should take account of with terminals they use such that means that the container is design- the 150 kN transverse racking force limit concerns as to container fitness are tested to withstand a racking force of on any given container. However, these reported to the line. 150 kN.4 limiting weights may allow little or no margin for error in some cases. In other 4. Vessel staff should pay particular It can be appreciated that the bottom words, where the container weights are attention to the fitness of containers fittings of a container properly secured close to the limiting weights as per the intended to be stowed at the base to the deck of a vessel will generally stowage plan, the transverse racking of stacks and follow similar steps to have good resistance to the transverse force may be close to the 150 kN limit. those suggested in 1 above, before forces acting on those fittings as a result Whilst lashings providing resistance other containers are loaded on top. of the vessel’s motion. However, the to transverse forces will afford some top fittings will be subject to greater margin of safety, this margin may well transverse forces, particularly where be lost if the container is not structurally 5. Spot checks on container weights the container is the bottom one in a sound or if the actual weight (container are also advisable. Again, stack. According to most classification plus cargo) is in excess of the limiting arrangements between lines society rules, it can be assumed that weight. and terminals might be possible. the top fittings of a base container in Some terminals will have their a stack will be subject to a proportion The investigation of the UK’s Marine own policies. An alternative would of the transverse forces acting on each Accident and Investigation Branch be to request the shipper to container in the stack. The largest factor into a container collapse incident on provide evidence supporting the in determining the transverse force board the vessel DUTCH NAVIGATOR actual weight, like a weighbridge acting on a given container will be is worthy of mention. The limiting certificate. It is of course preferable the container weight (with cargo). The weights, as per the stowage plan, for to target checks, especially to vessel’s Cargo Securing Manual (CSM)5 containers within the stack were found containers with high density will often include guidance to assist in to produce a transverse racking force contents. determining transverse forces. on the base container (which contained dangerous goods) slightly in excess of 6. It would be a worthwhile exercise Racking forces will usually be greatest the 150 kN limit. However, because the for owners to check what margin on containers stowed at the bottom actual weights (container plus cargo) exists between the theoretical of stacks and will be of greatest were in excess of the limiting weights, forces, based on the limiting concern where the resistance to such the actual racking force on the base weights in the stowage plan/CSM,9 forces is lowest, for example in stacks container was calculated to be 278 kN. and the maximum forces designed where there is no or little resistance The problem was compounded by a to prevent the overloading to transverse forces from cell guides, lack of transverse securing and some of containers (particularly the lashings and shoring arrangements. questionable repairs to the frame of the transverse racking force limit of base container.6 150kN), securing systems, fittings,

4 A kilo-Newton is roughly equivalent to one MT of force. A standard ISO container is also design-tested to withstand a racking force in the longitudinal direction of 125 kN. 5 A CSM, in an approved form, is a requirement of the International Convention for the Safety of Life at Sea (SOLAS). 6 The MAIB’s report of November 2002 can be found at www.maib.dft.gov.uk. 7 One could also include here containers with contents that are not properly secure, and which through damage to the container could lead to stack collapse. Particular attention should be paid to containers with bulging sides. Certain formalities will need to be observed if containers are opened. 8 This information may also appear on stickers. See the article “Inspection and certification of cargo containers” in Gard News issue No. 151. 9 It is important to note that limiting weights may be based on a maximum GM and in circumstances where the actual GM is greater, transverse forces will also be greater.

© Gard AS, July 2014 38 decks and containers. If the margin 8. Owners should seek the However, it should be borne in is low, the vessel will be more at risk incorporation of appropriate mind that, if a stack collapse does of stack collapse associated with charterparty provisions which, occur, it will often be very difficult to overweight and unfit containers amongst other things, require determine the cause(s), particularly – unknowingly shipped, despite charterers to: if evidence, such as an overweight checks. In these circumstances a. Have in place procedures for container, is lost overboard. it would also be worthwhile for preventing the shipment of Therefore, far better than relying on owners to discuss with those overweight and unfit containers. charterparty provisions10 is to avoid designing/approving the stowage b. Provide full and accurate details the problem in the first place. plan/CSM whether there is a case (including gross weights) of for reducing limiting weights. A goods and containers and a 9. In the event of a container more temporary solution may full and accurate stowage plan collapse incident Gard Services be to increase securing (to resist preferably before the ship’s should be contacted to discuss transverse forces) or to re-stow arrival at the load port. the appointment of a surveyor to containers in less sensitive stacks. c. Warrant that all containers investigate. carried are constructed to an approved design, are properly This article has been produced with the 7. A record of offending shippers maintained and are not kind assistance of John J Banister Ltd, (providing overweight/unfit loaded beyond their maximum Marine Surveyors and Consultants. containers) could be kept and operating gross weight. information could be shared with d. Ensure that stowage is effected other container lines calling at the such that limiting weights are same port. not exceeded.

10 The Boxtime charterparty form goes some way towards providing for the above requirements.

Gard’s additional Gard News 210, May/July 2013 covers – Container and Equipment Cover

An introduction to the latest product insurance is normally closely linked to to cover his share of containers under to be incorporated into Gard’s range of the insured ship, the main focus of the a vessel-sharing agreement and ships additional covers. CEC is the cargo-carrying equipment. 1,000 containers on a Panamax vessel, which sinks en route to the discharge Gard’s new Container and Equipment In addition, CEC is not restricted to port with loss of all 1,000 containers. Cover (CEC) has been developed to sea transport. If a container sustains meet the needs of container owners, damage whilst being stored at a shore- With the new CEC, Gard can now offer operators or lessees, typically liner side terminal or during inland transport an insurance package tailored to the vessel operators. by truck, the cover may still respond. needs of container logistics providers. For further information, please CEC will respond to theft, loss of The limit of cover is tailored according contact Gard’s Product Development or damage to containers, flat racks, to the insured’s individual needs with a Department. MAFIs and similar equipment used for maximum limit of USD 50 million for all carrying goods. In addition, CEC covers claims arising out of one and the same a container’s contribution to general event. Where replacement and insured average. values are different CEC covers the lesser of the two. As a property insurance, the CEC complements liability insurances like Example of application P&I and the Comprehensive Carriers The CEC would respond for instance Cover. But while marine liability where a container operator takes CEC

Member Circular No. 16/99, Recommendations on carriage November 1999 of Calcium Hypochlorite UN Nos. 1479, 1748, 2208, 2880 by the International Group of P&I Clubs

There have been several large fires in “Away from sources of heat where Cargoes of calcium hypochlorite cargo ships over the past two years, temperatures in excess of 55ºC for classified as UN1748, 2208 and 2880 which have been attributed to the a period of 24 hours or more will be should not be carried in freight carriage of calcium hypochlorite. encountered”. containers larger that 20ft. In response to these casualties the International Group of P&I clubs In light of the results from the It has been reported that some established a calcium hypochlorite investigation into the thermal manufactured hydrated HCH contains working group which has met to share properties of hydrated HCH UN 2880, water in excess of 10%, which takes information and listen to the views of the International Group believes that the product out of the specification scientific experts. this provision is inadequate and has for calcium hypochlorite hydrated UN requested IMO to review all entries 2880. This has resulted in the product The results from full-scale tests on in the IMDG Code concerning the being declared as UN 1479 (oxidising package sizes routinely used when requirements for transportation of all solid N.O.S), which has less onerous shipping calcium hypochlorite in freight forms of calcium hypochlorite. provisions for carriage. Research has containers indicates that the transport shown that increased water content requirements in the IMDG Code are Realising the product’s importance lowers the thermal stability of the inadequate. in providing clean water to disaster product. It is recommended that struck areas and taking into account calcium hypochlorite declared as UN Calcium hypochlorite is classed as an an envisaged delay before any 1479 should be subject to the same oxidising substance (IMDG Class 5.1). changes to the IMDG Code will take transport requirements as UN 2880. It is manufactured in various forms, effect, the International Group of P&I both high strength (“HCH”) and low clubs has decided to issue interim Yours faithfully, strength known as bleaching powder. recommendations for the carriage of ASSURANCEFORENINGEN GARD Hence the various UN classifications. calcium hypochlorite cargoes. The -gjensidig- All forms of calcium hypochlorite will purpose of these guidelines is to enable react violently when contaminated by the continued shipping of calcium Sven-Henrik Svensen an organic material. The reaction will hypochlorite in a way that will lessen the Deputy Managing Director generate heat and oxygen, which will risk of exposing the carrying vessel and feed any resulting fire. Impurities can shipboard personnel to danger, until be introduced either via insufficient or such time as the IMDG Code has been damaged packing material alternatively reviewed by IMO. due to poor manufacturing standards. The product is also spontaneously Recommendations: combustible and sensitive to high Cargoes of calcium hypochlorite temperatures; sensitivity increases as classified as UN1748, 2208 and 2880 the package size increases. Recent should be carried on deck only, out research on hydrated HCH (UN 2880) of direct sunlight and clear of living indicates that a violent reaction quarters. can occur at temperatures that are encountered by vessels transiting Cargoes of calcium hypochlorite tropical areas. The Critical Ambient classified as UN1748, 2208 and 2880 Temperature (the temperature at should be packed in clean drums not which a violent decomposition of exceeding 45 kg net weight. Calcium the material occurs) for a 20ft freight hypochlorite should never be packed container packed with 432 drums of for marine transportation in sacks or in 40 kg (net) of UN 2880 is calculated by bags. the scientists to be about 37ºC. The Critical Ambient Temperature for a 20ft On those voyages for which prolonged freight container packed with 80 drums mean air temperatures can be of UN 200 kg (net) is calculated to be anticipated to reach 35ºC, additional about 30ºC. For a violent reaction to measures for limiting temperatures occur, these temperatures would have within freight containers carrying to be maintained for up to 3 weeks, calcium hypochlorite, classified as although at higher temperatures (or UN1748 and UN2880, should be if the product is impure) this period is adopted, for example by ventilation or reduced considerably. mechanical cooling, alternatively the total weight of calcium hypochlorite The IMDG code today allows UN should be limited to 14 tonnes per 2880 to be shipped below deck but freight container.

Member Circular No. 7/2000, Recommendations on October 2000 the carriage of calcium hypchlorite

We refer to our Circular No 16/99 the entries for calcium hypochlorite We have learned that shipments of and to the Working Group’s previous (UN Nos. 1748, 2208 and 2880) will calcium hypochlorite have been loaded Recommendations on Carriage be amended in the new version of on board vessels under different of Calcium Hypochlorite UN Nos. the code. In addition an MSC Circular names, which has lead to some of 1479, 1748, 2208, 2880 and to The (as attached) was issued urging all the shipments not being declared as International Maritime Organisation’s parties to implement the amended dangerous cargo. Below is a list of (IMO) Marine Safety Circular No. 963 requirements as soon as possible. synonyms for products that are calcium dated 1 June 2000. hypochlorites or products related to The International Group supports calcium hypochlorite. Depending on After several large fires in cargo the actions undertaken by the IMO the exact chemical composition of the ships in the 1990s involving Calcium and agrees with the amendments product it may or may not become Hypochlorite, The International Group introduced in the new IMDG Code. unstable at temperatures encountered of P&I Clubs Commissioned full-scale However, the failure to introduce in the ship’s hold. tests on the package sizes of this package size limitation and the cargo, which are routinely shipped. The failure to require stowage “Clear of B-K POWDER results were such that experts advising Living Quarters” contradicts scientific BLEACHING POWDER the International Group viewed the advice received from the experts BLEACHING POWDER, containing 39% prevailing transport requirements for advising the International Group. All or less chlorine this product group as inadequate and of the full-scale tests performed by CALCIUM CHLOROHYDROCHLORITE recommended that they be amended. the International Group on calcium CALCIUM HYPOCHLORIDE hypochlorite “UN No. 2880” indicates CALCIUM HYPOCHLORITE The International Group therefore that larger packages can develop a CALCIUM OXYCHLORIDE delivered a submission to the February critical condition at temperatures which CAPORIT 2000 meeting of the IMO Sub- can be encountered in cargo holds of CCH committee on Dangerous Goods, modern container vessels. Furthermore, CHLORIDE of LIME Solid Cargoes and Containers (DSC5), if calcium hypochlorite develops a CHLORINATED LIME recommending amendments to the critical condition (for any reason) it will HTH IMDG Code transport requirements emit chlorine gas, which is toxic and the HY-CHLOR for calcium hypochlorite. The changes runaway reaction will develop extreme LIME CHLORIDE recommended to the IMO were based heat that will ignite surrounding on the scientific results reflected in cargoes, which demonstrates the need Yours faithfully the Group circular referred to above. to consider the proximity to living After much debate in plenary session quarters in stowage of such cargoes. GARD SERVICES AS at DSC5 the Sub-committee decided As agent only for Assuranceforeningen to recommend the Maritime Safety Consequently, it is the recommendation Gard – gjensidig Committee to partially amend the of the International Group that rules in the updated version of the Members involved in shipments of IMDG Code (Amendment 30) coming calcium hypochlorite products should, John G. Bernander into force 1 January 2001. However, in addition to the new requirements Chief Executive Officer the amendments will not introduce of the IMGD Code, ensure that cargo any changes to package sizes for this transport units are stowed “Clear of product. Nor will the amendments to it Living Quarters” and that the size of the expressly require stowage of the cargo individual packages stowed in the cargo “Clear of Living Quarters”. The Marine transport unit should not exceed 45 kg Safety Committee (MSC 72) adopted net weight per package. the recommendations of DSC5 and

Different methods are used to steal be absolutely no overnight waiting, seal the container. Alternatively, the seal goods carried in containers. A new ISO the driver should pick the container (or lock) can be glued together and the standard applicable to container seals up from the discharge port and have evidence covered up with paint or mud. may help prevent some of these thefts. sufficient time to drive to the receivers' premises whilst the warehouse is open, Sometimes the contents of a container Cargo theft there should be no diversions en route are stolen and replaced with bricks, A container full of high-tech, high-value and the driver should maybe call the concrete or bags of sand, with the result and highly-saleable equipment like receivers and tell them he is on his that, until the container is opened at mobile phones or iPods represents way. Gard has seen cases where the destination, the parties may perhaps a rich haul for anyone with criminal driver has arrived too late/early at the suspect that there is a short shipment tendencies. The techniques for getting warehouse and has considered it safe of cargo, rather than a theft. Then upon hold of such goods vary from hijacking to park under street lamps outside the arrival at destination it may be difficult to trickery and fraud or tampering with warehouse overnight. Usually when he to establish where the theft took place. the seals. wakes up either the trailer is gone, or the container is empty. Many authorities H/H container The large-scale theft of whole container are not very pleased when they find out In one incient a House/House container loads has become a highly organised what the driver has done. Italy had a with crankshafts was shipped from and skilful business, using state-of- spate of thefts in 2005-2006. The drivers Buenos Aires, destined for Hamburg. the-art computer technology, logistics were parking in motorway service Upon discharge in Hamburg, when techniques and detailed knowledge of stations on the main north-south route the container was offloaded from the the goods targeted. One of the most from Rome. They would eat and then vessel onto the lorry for on-carriage common methods used for stealing a sleep, waking up to find their trailers to receivers' premises, it was noted container is simply to hijack the truck gone. that the lorry's suspension was hardly carrying it. This is a favourite in many moved. This made the driver suspect regions, especially in Latin American Another method used to steal goods that the container was empty, despite countries such as Guatemala and in containers is through fraud and a the fact that its seal was intact. Upon Mexico, where carriers try to protect typical trick is to use forged documents inspection, instead of the cargo of their shipments by having trucks to obtain release of the containers from crankshafts, some broken wood pallets travelling in convoys and employing ports or container yards. However, this and black plastic bags filled with sand armed guards. article explores some of the techniques were found inside the container. used by criminals to steal the contents According to an article published of a container. A surveyor was appointed to investigate recently in the Los Angeles Business the exact cause and extent of the loss. Journal,1 about USD 25 billion worth of Theft of cargo stuffed inside A metallurgical examination of the seal goods in transit was stolen nationwide sealed freight containers was carried out and some samples of in 2010. Nearly half of those thefts From time to time Gard experiences the sand found in the plastic bags were occurred in Los Angeles County and the cargo claims related to theft of cargo taken. The experts concluded that at Inland Empire, where goods that pass stuffed inside sealed freight containers. some stage during transport the seal through the Los Angeles-Long Beach Several different techniques may be had been tampered with. The driver of port complex are usually warehoused. used. Sometimes a hole is cut in the the lorry on which the container had side or the roof of the container to been loaded upon discharge from the Gard had a couple of cases in Latin remove some or all of the contents. vessel in Hamburg told the customs America (Honduras and Guatemala) The hole is then re-welded and painted authorities that the container was a few years ago. In one case the over, looking like a bad repair, and the probably empty when he received it. He truck driver was distracted by "police seal, which is designed to show if the had removed the seal in the presence officers", who flagged him down and container has been tampered with, of the customs authorities, and it then stole the truck, kidnapped the remains totally intact. appeared to be intact. He also removed driver and left him in the middle of a bolt secured to a nut and observed nowhere. Sometimes the rivets holding the that, despite being fastened to the bolt, doors on are removed, and replaced the nut could easily be unscrewed by High-value shipments are best moved afterwards. hand. Based on the investigations in on a "time allowed" basis, where the Hamburg, the parties concluded that vessel is at the port, there is a slot A more common method used to the theft could not have occurred in on board and a time given to the steal the contents of a container is to Hamburg. truck driver to arrive for delivery to break the seal and replace or mend it the terminal or vessel. The use of a afterwards. There are many different The cargo receivers started legal safe compound or bonded store at ways of ensuring that a seal appears proceedings in Hamburg against the the loading terminal also cuts down intact: for example, a second blank seal shippers. The shippers in turn started the risk of theft. As for transport after may be obtained in advance, imprinted legal proceedings against the carrier. discharge from the ship, there should with the right number and used to re- The claimed amount was USD 140,000

© Gard AS, July 2014 42 for the non-delivery of the complete recommendations concerning issues are not addressed in ISO 17712, cargo. dimensions and tolerances, dealing they are relevant to successful use of specifically with the interchangeability the seals covered by ISO 17712. In a statement, the driver who drove of containers on a global basis. The the truck on which the container was specific standards applicable can be Seals that conform with ISO 17712 are loaded at the shippers' premises found at www.iso.org. suitable for other applications, such indicated that he had witnessed the as bulk railcars or truck trailers used in sealing of the container in the presence On 1st September 2010 container cross-border and domestic operations. of the custom authorities. The road security took a big step forward, as the Users and regulatory agencies can transport from shippers' premises to ISO finally ratified and published "ISO apply ISO 17712:2010 to other Buenos Aires lasted 12 hours. In the 17712: Freight Containers - Mechanical applications as they deem appropriate. statement the driver also mentioned Seals" or ISO 17712, which establishes that during the two years he had been uniform procedures for freight Gard encourages its members involved delivering containers to the port of containers with respect to mechanical in the transport of goods stuffed inside Buenos Aires he had never seen such a seals as a full standard covering the freight containers to check whether quick delivery as in this particular case. specification and correct use of bolt, their current standards are in conformity On previous occasions he had had to cable and barrier container seals. ISO with the newly- published ISO 17712. wait up to four days in the port, whereas 17712 establishes uniform procedures in this case the discharge and handover for the classification, acceptance and More detailed information can be to the port authorities took only 15 withdrawal of acceptance of mechanical obtained from the ISO's website at minutes. freight container seals. It provides www.iso.org. a single source of information on To cut a long story short, this claim mechanical seals which are acceptable Footnotes was settled amicably due to lack of for securing freight containers in 1 Available at www.labusinessjournal. evidence. international commerce. com/news/2010/dec/20/cargo-thieves- shift-high-gear/. A step forward As part of a security system, the Because of incidents like the ones purpose of mechanical seals is to mentioned above, during the last few determine whether a freight container years there has been a growing trend has been tampered with, i.e., whether towards the use of locks or high-security there has been unauthorised entry barrier seals to prevent thefts. into the container through its doors. Seals can be effective only if their users The ISO (International Organisation for properly select, store, account for, Standardisation) standards applicable apply, document and attend to them to freight containers involve technical prior to and during use; whilst these

Gard News 204, Fumigation of cargo on November 2011/January 2012 board ships: the invisible killer

Following the tragedy of a seaman’s favourable conditions for complete the cargo had been loaded, aluminium death in his cabin on a vessel with a release of phosphine from the tablets phosphide tablets were spread on fumigated cargo on board, Gard News are in tropical and subtropical climates, top and dropped into the tubes. presents an analysis of similar cases. where four to five days are sufficient. Hatchcovers and ventilators to the In temperatures below 15°C, or in a cargo holds were closed, and plastic It is extremely important to raise very dry atmosphere, much more time bags were placed around the coaming awareness of the dangers of in-transit would be needed. If the tablets are drains. In the accommodation, the main fumigation of cargo. Fumigation of only spread on top of the cargo, it will ventilation system was closed down, cargo by hydrogen phosphine gas is also take time for the gas to spread but people were allowed to use the excellent for killing insects, but it also through the full depth of the cargo, extraction fans from their bathroom/ endangers the lives of crew members although the gas is heavier than air. WC. Outside doors were closed and and shore-based personnel if not Tablets may therefore be placed in people forbidden to go out on deck handled correctly.1 tubes penetrating the cargo depth and if not necessary for the operation of the gas spread by a fan or pushed into the vessel. Two gas masks with eight Fumigation in general the cargo by probes, etc., to speed up filters and one gas detection kit with 50 A fumigant is a chemical which under the process. detection tubes were delivered to the certain conditions will enter a gaseous vessel by the fumigators who advised state and in sufficient concentration Pure phosphine gas is odourless. The that the cargo holds could be opened will be lethal to pest organisms. One odour, often compared to the smell again after five days. important and useful property of of garlic, carbide or decaying fish, is fumigants is that in gas form they due to a contaminant, offering the During passage of the Kiel Canal, diffuse as separate molecules, thus advantage of serving as a warning to the bosun needed to go to the enabling penetration into the material people. But it is important to know that forecastle and did so wearing a gas being fumigated and diffuse away the lack of odour does not guarantee mask. He smelled a strange smell, afterwards. Aerosols and pesticides that there is no dangerous gas. and the captain ordered the space sprayed onto plants, etc., are not Odour may not be detected under all to be ventilated and then tested for fumigants. circumstances and the gassing may last phosphine gas using the detection kit much longer than the emission of the supplied by the fumigators. Having In the old days, the traditional smell. passed the Kiel Canal, the test was shipboard fumigants against insects in negative. The crew members were not cargo used to be hydrocyanide acid very familiar with the use of the kit, and and mixtures of ethylene dichloride the date limit of the detection tubes and carbon tetrachloride, but from the expired during the voyage. 1960s-70s these have been replaced by methyl bromide and hydrogen Four days after the start of the phosphide. Both are very dangerous fumigation, at the time of anchoring to if inhaled by humans. Methyl bromide wait for a berth, a seaman complained depletes the ozone layer and has been about feeling ill when being relieved banned in the western world since from watch duty in the morning. Due 2005. Hydrogen phosphide (PH3) is to his eating habits it was believed that commonly called “phosphine” and is he had an indigestion or liver problem now the most popular fumigant in use Plastic tubes used for aluminium phosphide and he was sent to bed in his cabin for disinfestation of dry plant products tablets, pulled out after discharge of the cargo and advised to drink water and take loaded in bulk. Successful use demands holds. some charcoal tablets. He was very longer exposure periods than with pale, had a slight temperature and was methyl bromide - periods from four to Most recent Gard case vomiting. The next day he felt better, five days to a fortnight or more - but Gard’s most recent case of fumigation had regained his normal skin colour that is not a problem due to the long causing the death of a seaman and no doctor was therefore sent for. haul nature of maritime transportation. happened on board a 30-year-old One day after that, the seaman, having Phosphine is easy to handle by the general cargo ship of 4,000 GT. The spent 48 hours in his cabin, was found fumigators, as it is manufactured in a vessel loaded a full cargo of wheat in all dead in his bed. Two days later the solid formulation of either magnesium three holds in Liepaja, Latvia, bound for second officer also became sick, but or aluminium phosphide. These Antwerp, at the end of 2010. In order recovered later. There was no odour of solids, which often are in the shape of to carry out fumigation of the cargo, six gas, but when tests were carried out, tablets, will react and break down in pieces of 10 mm diameter plastic tubes a high concentration of phosphine contact with water or in an atmosphere were hung from the hatch coamings gas was detected in spaces within the containing moisture. They will then to the tanktops of each hold before accommodation. release hydrogen phosphide, a gas starting the loading. The tubes were of efficient in the killing of insects in bulk a type with small perforations, used in The deceased seaman’s cabin was cargo, like for instance grain. The most agriculture for draining wet fields. When on main deck level, in front of the

© Gard AS, July 2014 44 accommodation and next to the accommodation through corroded been used by the crew, and they seem captain’s office. When the lining of holes and causes the death of a not to have been suspecting a gas leak, the office was pulled down, a small seaman. In January 2008 the UK Marine attributing the symptoms of dizziness corroded hole was found in the Accident Investigation Branch (MAIB) and vomiting to sea-sickness. front bulkhead. That steel plate was reported on a very similar case to the common boundary with the aft the above, and issued Accident Flyer Lack of alertness ventilator from the aft cargo hold. 1/2008 to warn the shipping industry.2 In 1997 a geared bulker had her Corrosion within the ventilator over holds inspected by officials of the many years had made a small opening The vessel loaded 2,500m3 of feed Brazilian Ministry of Agriculture in for the gas in the cargo hold to pass to wheat in Kaliningrad, Russia, bound for Paranaguá. The empty vessel passed the insulation of the accommodation Montrose in Scotland. After loading, the inspection, but as insects were walls. The extraction fans from the tablets of aluminium phosphide were found in the cargo of soya bean meal, toilets created a slight under-pressure, pushed into the wheat by a probe and fumigation by phosphine was ordered sufficient to draw the gas, which the hatches were closed. The fumigator by the authorities. As the vessel was escaped to the cabins wherever there in charge briefed the chief officer about then already loaded, all the aluminium was an opening. The sad truth is that the dangers of phosphine gas and told phosphide tablets were placed on top the seaman would most probably have him to alert the crew to its distinctive of the cargo. The Master was told by survived if he had not been told to garlic smell. He handed over two gas the fumigators that the hatches had rest in his cabin, and had instead been masks, a gas detector pump and five to remain closed for 10 days. On the placed in fresh air. detection tubes. It took the vessel four second day after the fumigation had uneventful days to go through the Baltic started, the vessel now being at sea Following the death of the seaman, and the Kiel Canal, but in the North bound for Ireland, a fitter working there was of course an investigation, Sea she encountered bad weather. To on deck felt ill, had convulsions and and the level of gas in the cargo holds protect the cargo, the hatchcovers were loss of feeling in his limbs. A further was measured regularly, every day. The sealed with expanding foam. Several four crew members subsequently fell process should have been completed crew members became seasick. One ill with similar symptoms. The vessel after five days, but it took a full month seaman had to give up on his Sunday sought medical assistance by radio and before the gassing stopped. The reason lunch and retired to his cabin, where headed for Rio de Janeiro, where health for the slow process must have been he was found dead the next morning. authorities came on board and five crew the dry weather and the temperature Another seaman had smelled a bad members were hospitalised. The health of -10°C at the time of loading. There odour outside his next door cabin, but authorities refused the vessel leave to must have been insufficient moisture in took it to be the smell of vomit due to sail until it was proven that there were the cargo for the aluminium phosphide sea-sickness. no further risks to the crew. Ventilating tablets to react faster. The small the cargo holds in the middle of the holes of the tubes arranged in the This vessel was not covered by Gard. fumigation process involved the risk cargo holds may also have provided She was a 1977-built general cargo that pests might not be killed and the insufficient contact with the cargo. ship with two cargo holds and a crew of cargo become contaminated. When pulling out the tubes, several nine. The front of the accommodation aluminium phosphide tablets were extended the aft bulkhead of the All the crew members recovered and found still intact. It was noted that aft cargo hold by 0.5 metres, so the the case became one of debating the distinct odour, which should have deckplating in way was a boundary who should pay for the deviation and made people aware of the presence of between the hold and the forward delay of the vessel. Vessel interests hydrogen phosphide gas, had already cabins on deck level. Arriving in port, maintained that the fumigation firm disappeared after three or four days. tests revealed high concentrations of had not carried out their duty to phosphine in the diseased seaman’s ensure the vessel was in a suitable cabin and the adjacent hospital condition to be fumigated, in other compartment. At first no leakage words, to ensure that there were no path could be found by way of smoke outlets for the gas from the cargo testing, but when chipping rust holds, while the fumigators blamed scales off the underdeck plating, pin the vessel for not having closed cargo holes were found through the steel hold ventilators gas-tight. No testing plating, which could lead the gas to equipment was delivered on board the accommodation. It was assumed by the fumigators and no tests were that the pounding of the ship in rough carried out by the ship, as there was weather could have increased the no gas-detecting equipment on board. pressure in the sealed cargo hold But there had been a clear smell of Ventilator opening in deck at the aft bulkhead and thus pressed the gas into the gas and the crew had taped leaking of cargo hold No. 3. The steel bulkhead is the common boundary between the deceased’s cabin, although the holes hatchcovers. No instructions were accommodation and the cargo hold ventilator. were very tiny and the smoke test at the apparently given by the fumigators arrival port had failed. It is not known and none were asked for. Both sides whether exhaust fans were used in the quoted the IMO Recommendations on When the vessel was finally discharged, bathrooms, etc., but if so, that could the Safe Use of Pesticides at Sea, the the cargo was placed into barges also have been a contributing factor. opposition quoting that fumigation in for further transportation on inland transit “should only be carried out at waterways. Workers informed that it The fumigator had only used 10 the discretion of the master”, placing was not uncommon to see aluminium minutes on board before loading responsibility upon him for the safety phosphide tablets still being active in started, which appears inadequate for a on board. In hindsight it appears that the transhipment of such cargo. thorough pre-loading survey, although both sides had been negligent and a superficial inspection of the corroded should have been more alert and A similar case deck-plating would probably not have careful. The case illustrates how difficult This is not the first time that phosphine revealed the danger. Also, the test it is for a Master or a charterer to avoid gas leaks from the cargo hold to the equipment for phosphine gas had not fumigation of a cargo once it is on

© Gard AS, July 2014 45 board and authorities discover that it fumigated holds. Tests carried out their cabins, with all portholes closed is contaminated by pests. Phosphine revealed that there was 0.5 ppm due to the cold weather, inhaling the is heavier than air and is meant to be phosphine in the ship’s office. The polluted air from the ventilation system. able to penetrate a cargo from top to air conditioning was closed down Investigators determined that the gas bottom. It was believed that by placing and all doors and portholes were that escaped the cargo hold by a piping all the tablets on top of the cargo, there opened for natural ventilation. All crew conduit had been drawn through a might have been a substantial gas members were moved to open air and supposedly water and air-tight door and pressure in the headroom of each hold, subsequently recovered. into the ventilator room, and from there in the early stages of the fumigation, circulating into the crew quarters by the allowing gas to escape. When a doctor and a fumigation ventilation system. The crew suffered specialist boarded the ship, they found from vomiting, diarrhoea, headaches A cargo of lumber phosphine gas to be leaking from and dizziness and several were unable Fumigation is not only used for grain the cargo holds. A leaking ventilator to stand on their own. After stopping cargo, but also against insects in timber. on deck was closed down, and tape, the ventilation system and opening all In 2006, a 25,000 GT vessel covered by silicone and plastics were used on windows, 16 of the 21 crew members Gard loaded a cargo of sawn timber in all openings from the cargo holds, on board were evacuated and soon Peru. Before passing the Panama Canal, including the drain pipes from the recovered in hospital. If the vessel the vessel anchored at Balboa to take hatch-coamings. Particular attention had not been assisted by the rescue bunkers and carry out fumigation of was paid to lids on access hatches team, there could have been several the cargo using aluminium phosphide, to cargo holds from under-deck casualties. According to the US Agency tablets which will produce phosphine passageways. These passageways were for Toxic Substances and Disease gas after contact with moisture. Cargo connected to the accommodation Registry (ATSDR), an eight-hour average holds were fumigated for 72 hours, and and non-tight seals may have been respiratory exposure to phosphine thereafter ventilated for 24. Thereafter, the main reason for the crew to be gas should not exceed 0.3 ppm and a upon the vessel’s berthing at Ponce, affected. Several of the dogs of the short-term exposure should not exceed Puerto Rico, the fumigators collected hatch lids were not in order. The 1 ppm.3 the excess tablets from the cargo holds, surveyor appointed to the case was but had a dispute with the captain of the opinion that the firm carrying about how to dispose of them. At one out the fumigation was wrong when instance tablets were placed on the it confirmed that all cargo holds wet deck, where they caught fire. As it were in good order to fumigate. was raining, the tablets were collected Pre-voyage fumigation procedures in plastic bags, but the captain did not required the vessel to be declared allow them to be disposed of in the suitably designed and in order so as vessel’s incinerator, as was the wish of to allow for safe occupancy by the the fumigators. Instead, they placed ship’s crew throughout the duration of them in a plastic container filled with the fumigation. Otherwise the vessel water and detergent. Boiling and should not be fumigated unless all Grain being unloaded from cargo hold. Three gassing resulted, before the contents crew members were removed from the out of six vertical plastic tubes can be seen. The were poured out overboard. There vessel. The fumigators should have aluminium phosphide tablets were placed into is such a “wet method” designed carried out a better inspection of all these tubes after loading. The tubes had small to deactivate excess material, but accesses to the cargo holds, but the holes, but contact between cargo and tablets appropriate respiratory protection vessels owner was also to blame for not was probably insufficient so it took a full month should be used and there are several having maintained hatch lids, seals and for the fumigation to be completed in this case. precautions to observe. The two dogs in good order. fumigators became ill and were taken There is no antidote for phosphine to hospital where they recovered. It Another crew being lucky poisoning. Treatment consists was observed that the fumigators had Just a few days before Christmas 2010 of support of respiratory and not used their gas masks and their gas the entire crew of a bulker could have cardiovascular functions. In an emergency it is important to get the detecting equipment while on board. died on Lake Erie, when phosphine 4 In his report, the surveyor appointed gas seeped into the accommodation. victims into fresh air! to the case by Gard advised that the In this ship the leakages were not incident could have had much more through corroded holes, as the vessel The death of a stowaway serious consequences. was only one year old, but through Stowaways trying to flee a country the ventilation system. This was not a may do so in desperation, but may A full crew in danger Gard vessel, but the story reached the not know the dangers to which they In 2000 an issue of the US Coast Guard headlines. expose themselves - and certainly not News informed that a bulk carrier when they hide in cargo holds under bound for Australia had to seek refuge The vessel had loaded a cargo of grain fumigation. Six stowaways were found at Coos Bay, Oregon due to the entire in Milwaukee and was on the way on board a vessel in 2009, after leaving crew being affected by gas emitting to Montreal when most of the crew Lagos, Nigeria. The first one was found from cargo hold No. 6. That hold became ill. Believing the cause to be inside a cargo hatch, when a crew contained soya bean meal, and was phospine from the fumigation of the member heard him banging on the one of three holds fumigated to control cargo or food poisoning, the captain steel. Two more were found in another insects at Port Angeles, Washington. called for assistance. Officials at St hold and two came out of the garbage Lawrence Seaway halted the vessel bin. Those having been in the cargo On the second day at sea, 12 of the offshore and a rescue team from the holds were very weak and groggy, but 19-man crew started complaining fire department of Port Colborne recovered by resting in fresh air. The about either headache, dizziness, went on board. They found that the sixth was not so lucky; he was found on nausea, breathing difficulties, vomiting crew quarters contained 1.5 ppm the upper platform of the ladder from a or diarrhoea, leading the captain of phosphine gas, and that the sick cargo hold entrance hatch. Revival was to suspect gas leakages from the crew members were lying down in attempted, but unfortunately he was already dead. All were taken ashore in

© Gard AS, July 2014 46 Abidjan, and the five were treated in Code 2010 Edition. There are guidelines inadequate knowledge of how to use hospital and recovered. The vessel was both concerning fumigation of cargo the equipment, and cases where testing loaded with fumigated cocoa beans holds and fumigation of cargo transport equipment is not used during in-transit in bags after fumigation of the holds units. Governments are invited by the fumigation. (Bellow-type test kits with with aluminium phosphide. Cocoa is IMO to bring the recommendations to glass tubes are well known on board one of the goods regularly treated with the attention of competent authorities, tankers, but crew members of bulk phosphine. mariners, fumigators, fumigant and vessels may not be so familiar in their pesticide manufacturers and others usage. It is important that the tubes to This is only one of many cases of concerned. be used correspond with the expected stowaways dying due to fumigation of gas concentration and that the correct cargo. If fumigation of a vessel is to take place, number of pumping movements of the the IMO recommendations are the bellow is used. Read the instructions! It most important guidelines of which should also be noted that the test tubes mariners should be aware, and should have a limited shelf life, especially if be thoroughly read and followed to exposed to heat or sunlight. Nowadays the letter. In addition, there may be there are electronic measuring flag and port state regulations, and instruments available, fitted with an not least the manufacturer’s instruction alarm, for various gases, including in the use of the fumigant. The IMO phosphine. These will give permanent documents list symptoms of inhalation control of the gas concentrations in of phosphine poisoning as “nausea, the air, while the bellow-type only tests vomiting, headache, weakness, fainting, the air at a given moment. There are chest pain, cough, chest tightness also smaller instruments for personal and difficulty breathing”. Those protection. Often vessels under symptoms are for those likely to survive. fumigation only have the bellow-type For humans exposed to phospine test kit on board, while shore-side gas, death is certainly a possibility, inspectors are often equipped with depending on gas concentration and electronic instruments.) time of exposure.6 - The IMO recommendations require Observations from incidents that the fumigator in charge should The following observations can be ensure that both gas detection and made based on the cases found on respiratory protection equipment Aft bulkhead of cargo hold No. 3. The ventilator Gard’s files: carried on board is in good order. opening is in the corner, above the ladder. Access is difficult, as it is behind pipes under - There are cases where the fumigation In many cases such equipment is deck. firm has not followed the IMO delivered by the firm carrying out the recommendations to the letter. fumigation. “Respiratory protection” Flammability normally consists of one or two gas Aluminium phosphide is not itself - There are cases where the information masks with a supply of filters. But crew flammable, but in contact with given by the fumigator is not complete members not used to operating in water hydrogen phosphide gas or not correct, such as how many chambers containing gas should be will be created, which may ignite days the fumigation process will take. very reluctant to enter them, and be spontaneously in air. Ignition of high Temperature and humidity have to be aware that gas masks may leak. Not concentrates of hydrogen phosphide considered. only do the filters need to be of the can result in a very energetic reaction, right type and replaced as necessary, an explosion which may cause severe - There are cases where inspections but the full tightness of the mask may personal injury. To suffocate the flames, to establish a vessel’s suitability for depend on size and shape of head, do not use water, but sand, carbon fumigation are very superficial and whether the person is bearded, etc. dioxide or dry extinguishing chemicals. insufficient to ensure the safety of the When entering a space with a gas crew. mask, it is also imperative to ensure In 2008 the Australian Transport Safety that there is enough oxygen in the air Bureau (ATSB) issued a report on a - Some ships are unsuitable for of that space. People who understand vessel where the cargo was under fumigation of cargo due to age and/ the dangers of phosphine gas are likely fumigation and caught fire.5 or lack of proper maintenance of steel to prefer breathing apparatus with air boundaries between cargo hold and bottles, where the overpressure in the IMO recommendations on the safe crew quarters. air supply will hinder a gas leakage use of pesticides in ships through the mask, if they have to enter Considering the high toxicity of - Captains do not always know the a space with gas. phosphide, as well as the ability of details of the IMO recommendations spontaneous ignition in contact with and do not always comply with them. - There are cases of people with water or exposed to moisture- laden air, There are cases where the captain symptoms of phosphine poisoning it is imperative to establish and follow appears to consider the fumigation who are thought to be suffering from a detailed and strict protocol whenever of a cargo to be the business of the sea-sickness or food poisoning. That fumigation is to take place. shipper and the fumigator, without may be because the master and crew fully realising his own authority and the have not fully understood the risks The IMO first issued recommendations responsibilities placed on him by the represented by carrying a cargo under on the safe use of pesticides in ships in IMO recommendations. fumigation, not paying sufficient 1971, which have been revised several attention to signs of danger. times since then by the Maritime Safety - There are cases where inadequate Committee. The latest revision can test instruments are provided to the - Apparently there are no class be found as Supplement to the IMDG vessel, cases where the crew has rules stopping a vessel from being

© Gard AS, July 2014 47 constructed with a deck or bulkhead complications. Access to the area was which for phosphine is 0.1 ppm for as a common boundary between then restricted, and ventilation of the 8-hour TWA. the cargo hold and the crew accommodation was shut down as a 4 Those interested in the medical accommodation. This is something safety measure. Analysing the Stowage aspects of phosphine poisoning may that should be looked into by the Plan and the Dangerous Goods Plan, wish to get further details of a 1980 international classification societies. the location of the containers under case in which two children and 29 of the The positioning of ventilators from fumigation was identified. All containers 31 crew members became ill on board a cargo spaces and air intakes to the were marked with labels announcing vessel carrying grain under fumigation. accommodation should also be that they were under fumigation by One of the children died. The gas considered in ships likely to carry cargo aluminium phosphide and should not escaped from the cargo hold through a under fumigation. All penetrations be entered. At the discharge port, cable box close to an accommodation through common bulkheads, like a health authorities examined the vessel, ventilator. See The Journal of the small passage for an electric cable, can but the gassing was then over and as American Medical Association (JAMA allow the penetration of gas if not made no abnormalities were found, the vessel 244: 148-150, 1980). gas-tight. was allowed to unload. The bosun was 5 ATSB Marine occurrence investigation examined in hospital and found to have No. 250. completely recovered with fresh air 6 The US National Institute for Fumigation of containers alone. Occupational Safety and Health Cargo in containers may also be under (NIOSH) has established the immediate fumigation. In 2008 three shore-side It is important that people on board danger to life or health level (IDHL) of workers in Rotterdam fainted after container vessels are also informed phosphine at 50 ppm. opening the doors of a container of containers under fumigation and 7 http://www.tgav.info/. shipped from the Far East. Hanging warned to observe the smell of gas on the inside of one of the doors and the symptoms of phosphine was a bag emitting phosphine gas. poisoning. But it is shore-based people Apparently the bag was from a recent who are most at risk, when involved in previous cargo which the workers had the opening and discharging of such no knowledge of having been under containers. There is a new handbook fumigation. The three workers were available, “Don’t get caught by taken to hospital and recovered fully. surprise”, which deals with toxic gases in containers and how to act safely.7 The need to remove and handle remains of fumigation material is well Footnotes illustrated by the following case, also 1 The article “In-transit fumigation from 2008. A Gard vessel discharged of bulk cargoes”, which appeared in a 40-foot reefer container in Long Gard News issue No. 173, cautions Beach, containing 20 pallets of live shipowners about the risks associated ornamental plants. At the receiver’s with in-transit fumigation and provides premises, the container was emptied practical advice on how to minimise and remained in storage for a month, these risks and otherwise protect until it was needed for another cargo. their legal position. It also includes In preparation for the next cargo, the a template LOI which represents a container was cleaned, and one worker fair starting point for negotiations found a thin-walled aluminium cylinder, with charterers and, with appropriate similar to a cigar tube. It was open amendments, may be used when a at one end and marked “30 tablets charterparty entitles charterers to Aluminiumphosphide. Poison!” The request in-transit fumigation and worker sniffed at the open end and also when the charterparty is silent noted a grey powdery material inside. but owners agree to the request A second worker also handled the nonetheless. tube and sniffed at the open end. The 2 The flyer can be found on the MAIB’s terminal management was thereafter website at http://www.maib.gov.uk/. contacted and the two workers filed 3 Guidelines from US authorities such as for compensation - in case of potential the National Institute for Occupational harm from exposure to the substance. Safety and Health (NIOSH) and the No one was harmed, as the tube did Occupational Safety and Health not emit any phosphine gas, but the Administration (OSHA) provide that claim process involved surveyors, worker exposure to phosphine must lawyers, doctors and a hazardous not exceed the 8-hour TWA of 0.3 material firm. ppm. TWA, the Time Weighted Average, is a term used in the In 2009 Gard had a case on board a specification of Occupational Exposure container vessel sailing to Valparaiso Limits (OEL). If a person should be from Callao in Peru. On the vessel’s exposed to phosphine gas for a full open deck were 28 containers 24 hours, for instance while resting in under fumigation. Twelve hours a cabin polluted by the gas, the gas after departure, the bosun noted concentration should thus not exceed a strong odour on deck, which he 0.1 ppm. European countries are stricter ignored at first. After some time he and follow the values of the European started sweating, vomiting and had a Commission’s Scientific Committee for headache. Two other crew members Occupational Exposure Limits (SCOEL), felt the odour, but had no health

Lingard Limited Gard (Greece) Ltd Gard (Singapore) Pte. Ltd. Trott & Duncan Building 2, A. Papanastasiou Avenue 72 Anson Rd 17A Brunswick Street 185 34 Kastella, Piraeus #13-02 Anson House Hamilton HM 10 Greece Singapore 079911 Bermuda Singapore Tel + 30 210 413 8752 Tel +1 441 292 6766 Email [email protected] Tel +65 3109 1800 Email [email protected] Email [email protected] Gard (HK) Ltd Gard AS Room 3505, 35F Gard (Sweden) AB P.O. Box 789 Stoa The Centrium, 60 Wyndham Street Västra Hamngatan 5 NO-4809 Arendal Central SE-41117 Gothenburg Norway Hong Kong Sweden

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Gard AS Gard (Japan) K.K. Gard (UK) Limited Skipsbyggerhallen Kawade Building, 5F 85 Gracechurch Street Solheimsgaten 11 1-5-8 Nishi-Shinbashi London EC3V 0AA NO-5058 Bergen Minato-ku, Tokyo 105-0003 United Kingdom Norway Japan Tel +44 (0)20 7444 7200 Tel +47 37 01 91 00 Tel +81 (0)3 3503 9291 Email [email protected] Email [email protected] Email [email protected] Gard Marine & Energy- Escritório de Gard AS Gard (Japan) K.K. Representação no Brasil Ltda Støperigt 2, Aker Brygge Vogue 406, Rua Lauro Muller 116 – Suite 2405 NO-0250 Oslo 3-9-36 Higashimura, Imabari-City, Botafogo, 22290-160, Norway Ehime 799-1506, Rio de Janeiro, RJ, Japan Brazil Tel +47 37 01 91 00 Email [email protected] Tel +81 898 35 3901 Tel +55 (21) 3544-0046 Email [email protected] Email [email protected] Oy Gard (Baltic) Ab Bulevardi 46 Gard (North America) Inc. FIN-00120 Helsinki 40 Fulton Street Emergency Telephone Number Finland New York, NY 10038 +47 90 52 41 00 USA Tel +358 30 600 3400 www.gard.no Email [email protected] Tel +1 212 425 5100 Email [email protected]