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any other documents pertaining to the particular type of ship

In document Theory (Page 54-59)

EXAMPLES OF DETAINABLE DEFICIENCIES Under SOLAS

II) International convention on the establishment of an international fund for

21. any other documents pertaining to the particular type of ship

Q 28) You have been advised by the company to develop a programme for training of E/R personnel and implementing it through out company’s fleet with respect to

(i) Fire prevention and fire fighting (ii) Pollution prevention (iii) Safe working practices

prepare the training plan as well as related STCW codes for each of them.

Ans. Upon joining a vessel as chief engineer, programs that can be implemented for training of E/R staff shall be accordance with chapter VI of STCW 95 code, which deals with standards and minimum mandatory requirement regarding and occupational safety along with medical care and survival functions

The purpose of such training should be to provide basic knowledge, increase their proficiency and the same time enhancing their skills by subjecting them to simulated emergency situations i.e drills and exercises so that the personnel identifies the potentially hazardous situation that may result in threat to life or the pollution of marine environment These not only reduce the response time but also increase the confidence

(i) Fire prevention and Fire fighting

 Chapter VI Table A – VI /1-2 whereby specification of minimum standards of competence in fire prevention and fire fighting are laid down

 Competence is in minimizing the risk of fire and maintaining a state of readiness to respond to emergency situation involving the fire. This should include the knowledge understanding and proficiency in matter pertaining to :

a) Elements of fire and explosion – fire triangle – types and sources of ignition – flammable material – fire hazards and spread of fire – extinguishers etc

b) All E/R personnel must be made well aware of fire plan on board ship, their duties should be explained importance of the same w.r.t emergency situation should be explained

c) Classification of fire – applicable extinguisher, location of FFA in engine room , emergency escape routes, internal communication, fire and smoke detection system, automatic fire alarm system, manual fire-call points etc

d) Donning of fire man suits, use of SCBA, ventilation quick closing valves, fire control stations and places where emergency fire pump can be started remotely

e) Brief description and operation of fixed fire fighting installations, rescue procedures of casualty, under what conditions engine room should be evacuated etc

 Fire drills to be conducted weekly, assessment of performance, improvement etc (ii) Pollution Prevention

 Chapter VI Table A – VI / 1-4 where by minimum standards of competence in pollution prevention of marine environment is laid down it includes knowledge, understanding and proficiency in matters relating to:

a) Effects of operational or accidental pollution of marine environment and basic environmental protection procedures it includes identification of marine pollutants like oil, sewage, garbage, air pollutants etc

b) Imparting knowledge of SOPEP, which is a contingency plan to prevent pollution during cargo loading / discharging /bunkering operation/oil spill due to collision, grounding etc. location of SOPEP locker, equipments, their use, personnel duties etc to be explained

c) Remote stops of COP’s, closing scuppers, testing and indication of tank high level alarms, location of bunker tanks, bunker system, sounding procedures,

communication procedures etc

d) Knowledge, operation and maintenance of pollution prevention equipment like OWS, incinerator, sewage system should be explained

 SOPEP realistic drills to be carried out weekly and during briefing sessions the liability, compensation and fines that may result should be explained along with engine room personnel duties in each case

(iii) Safe working practices

 STCW code chapter VI – table A VI/1-4 where by specification for competence in safe working practice is laid down knowledge, understanding and proficiency for the

following must be imparted

a) Knowledge of PPE, safe attire, importance of safety while carryout various shipboard operations should be explained. This includes personnel safety, safety of men and machinery and safety of ship

b) For E/R operations use of gloves, goggles, chemical handling suit while working with hazardous chemicals, goggles and shield while carrying out welding or cutting jobs and use of PPE when on lathe, grinding machine etc

c) Enclosed space entry, hot work permit, cold work permit, handling of chemicals, operations of critical machinery etc should be explained

 Drills for enclosed space rescue like pump room rescue should be carried out weekly or fortnightly

Q 29) what are the procedures for conducting an inquiry a) After casualty as per M.S. act 1958 as amended

b) What is article of agreement? Why it is necessary to have article of agreement Ans. a) Definition of shipping casualty

For the purpose of an investigation and inquiry, a shipping casualty shall be deemed to have occurred in the following cases:

 Any ship is lost, abandoned, stranded or materially damaged on the coasts of India

 Any ship causes loss or material damage to any other ship on the coast of India

 Any loss of life occurs due to any casualty happening to or onboard any ship on the coasts of India

 Any evidence of an Indian ship being lost at sea is available in India Master’s action

 On his or his ship’s arrival in India, master shall report the incident to the officer appointed by the central government

 If the ship is materially damaged to make her un-seaworthy or any loss of life or serious injury occurs, then the owner or master should report to nearest principal officer within 24 hours

Investigating officers

 The following officers have been appointed by the central government for receiving reports and conducting investigations into the shipping casualties

1. principal officer /MMD surveyor – all casualties

2. deputy conservator of major port – when casualty with in the docks or if the ship belongs to the port or where pilot is on board

3. port officer of minor port – any casualty involving sailing vessels and fishing vessels or involving ships with in port jurisdiction

4. customs collector – sailing vessels and fishing vessels 5. officers specially appointed – fire and explosion casualties Investigating officer’s action

 Inform central govt. that a casualty has occurred

 Conduct and preliminary enquiry(PI)

 Record the statement of master’s, crew members with their signature, but with out presence of any person

 Call for documents from the ship as appropriate

 Send report to central govt. with one or more of the following recommendations a) No further action

b) Warning to defaulters c) Strict warning to defaulters d) Issue M.S. notice

e) Order formal investigation(FI) or court. of inquiry(CI)

 PI report is totally confidential and not given to any court

 Copies of statement are given to the affected persons only if matter goes to the court

 The officer at his own discretion or as advised by central government may apply to first class or metropolitan magistrate for conducting an formal inquiry

Circumstances for ordering FI or CI

 Heavy material loss requiring more detailed investigation

 Defaulters deserve to be punished (only court can order that)

 There are lessons to be learnt from the casualty

 Public out cry

 Loss of life, so open court investigation is required

 Sufficient data not collected during PI

 During the FI if a case of incompetence, misconduct wrongful act arises against master, mate or engineer, court will proceed with the CI

 if central government believes that there are grounds for charging the officer as stated above with out conducting a FI, then it may submit a case to the court for conducting a CI This will apply only if the officer holds—

• An Indian certificate

• A foreign certificate but was employed on an Indian ship Procedure for FI and CI

 A short statement of case with a questionnaire to be answered at the end of FI and CI are submitted to the court

 If central government has decided to directly proceed with the CI, then in addition to the above documents, a charge sheet framed against the defaulters is also submitted

 The proceeding are conducted in an open court

 The court can summon/compel the attendance of a witness, by arresting him if necessary

 For FI, court shall appoint 2 to 4 assessors chosen from a list prepared by central government, one of them shall be conversant with maritime affairs and the other with maritime or mercantile affairs

 If FI involves cancellation or suspension of certificate of an officer, two of them shall have the experience in merchant service

 All documents collected during the PI are submitted

 On completion of FI or CI the report is published in the official gazette b) Article of agreement

 This agreement is made between employer/agent and seafarers in accordance with collective bargaining agreement

 Details of employees seafarers( address, next to kin, passport details, CDC details etc will be furnished in that

 Details of employment including monthly wages, monthly PF, monthly allotment, rank, reason for sign off etc will be mentioned

 This contains signature with date and stamp of employee Sign on Ashore Signed – off ashore

Place: place

 Signature of seafarer (signed on ashore, ship, signed off ship, ashore)

 Signature with date and stamp of master (signed on ship, signed off ship)

 Signature with date, stamp of shipping master[on commencing employment concluding employment ]

Terms and conditions

1. This agreement between employer and the seafarers is subjected to the condition that seafarers will serve in capacity/rank on wages indicated with other terms on employment as CBA

2. This agreement shall be serving in the area and for the period as agreed as CBA 3. The seafarer will be supplied with provisions not less than what is provide in the

M.S.act /CBM which is higher

4. It is agreed that the rights, duties and the terms of employment of seafarers and the obligations of the ship owner as per ILO conventions ratified by India

5. In relation to an individual seaman, this agreement may be terminated a) By mutual consent

b) If medical evidences / incapacity

c) If seamen is absent with out leave at a time fixed for sailing

d) If in the opinion of the master, continued employment of the seamen is likely to endanger the vessel of any person onboard

• 5 originals + 3 photo copies

Q 30) what is bill of lading? What precautions are to be observed before signing a B/L under voyage charter and time charter?

Ans. A bill of lading

 Is a receipt of goods either received or shipped on board

 Is a good evidence of the existence of terms of a contract between the shipper and the carrier

 It is document of title signifying that the holder has legal right to procession of goods (not right to ownership)

 It is non-negotiable document, depends upon how it is made

The master or his deputy should always check the following when signing the bill of lading

1. The goods have actually been shipped (compared with mate’s receipt)

In document Theory (Page 54-59)