Q.1. How is the command of a ship taken or handed over?
Ans. On taking over command, a prudent master, on arriving at his ship, should:
• have a check list ready of ' things to do on joining';
• note the condition of the visible exterior of the vessel, including draft marks, load line, etc.;
• note the standard of rigging and maintenance of the accommodation ladder or gangway, and its accessories;
• note the standard of maintenance of LSA and FFA;
• take delivery of the all official documents from the off-going master;
• make official log book entry and sign it jointly with the off-going master;
• enter his name, certificate of competency type and number in the boxes on the front cover of the OLB;
• add his reference number and his particulars in the OLB;
• obtain the combination number of the ship's safe and associated keys from the off-going master;
• count all monies and sight all accounts and related documents in the master's custody;
• sight all owners'. managers', classification and P & I documentation in the master's custody;
And before sailing the new master should:
• receive familiarisation training in accordance with STCW 95;
• sight his personal life jacket and ensure that he knows how to don it in case of an emergency;
• inspect the muster list and ensure it is updated;
• read the relevant clauses of the charter party or bill of lading;
• note any owner's or charterer's voyage instructions and /or side letters or addenda to the charter party;
• consult the chief engineer on the condition of machinery and bunker fuel and lubricating oil situation, ensuring that any "safety surplus" of fuel required by the charter party to be carried is on board in addition to normal passage requirements;
• consult the chief officer on the situation with cargo, stability, ballast, fresh water, stores, maintenance of the ship etc.;
• examine the passage plan, if already made, for the next leg of the voyage, and consult appropriate officer;
• check that all required charts and nautical publications are on board;
• check that all crew are on board as per the Safe Manning Document;
• check the ISM documentation for outstanding non-conformities;
• read and if necessary write standing orders;
• satisfy himself that he has personally exercised due diligence in ensuring that the vessel is seaworthy at the start of the voyage;
• make full inspection of the ship as soon as practicable and, if possible before taking the ship to sea.
On handing over command to a successor and before leaving the ship, the master should:
• ensure that he has signed each completed page of the Oil Record Book;
• bring his accounts with owners or managers up to date;
• count all ship's money in the master's custody;
• write hand-over notes for the succeeding master;
• have all documents relating to the ship, crew, cargo etc., in order for handing over to the succeeding master;
• make the hand-over in person to the succeeding master;
• make the relevant entry in the OLB that he has handed over command and record that he has delivered to his successor the documents relating to the ship and crew, which are in his custody, and sign this entry jointly with the succeeding master.
Q.2. How does a successor take over command of a ship in case of an emergency?
Ans. The master's proper successor to command in emergency is the senior surviving deck officer. Should the appointed master be incapacitated or die while the ship is at sea, the next-in-command is legally entitled to take the ship to her next port of call. He does not have to make the nearest port in order for another master to join unless so instructed by the owner or manager. The temporary master may legally command the vessel if he has STCW 95 master's qualification required for the size and operating area of the vessel.
He must ensure that the Safe Manning Provisions of the regulation are complied with as per the Safe Manning Document. The employer may confirm the temporary master in his position.
Q.3. What are the chief responsibilities of a master?
Ans. Chief among master's numerous responsibilities are:
• preservation of safety of crew, any passengers and the ship;
• safeguarding of the marine environment;
• to act as if the ship cargo were his own uninsured property;
• the prosecution of the voyage with the minimum of delay and expense;
• to always act in the best interest of the ship owner;
• to carry out all that is usual and necessary for the employment of the vessel;
• to obey the owner's instructions (except when they would mean breaching the law);
and
• to exercise care of the goods entrusted to him and see that everything is done to preserve them from harm during the voyage (e.g. ensuring proper ventilation, bilges are pumped, temperatures monitored and controlled, etc.).
Q.4. What is a crew agreement and what are the master's responsibilities regarding it?
Ans. A crew agreement is a contract between the employer (not the master) and each seaman whose name appears on a list of crew incorporated in the Crew Agreement document. It must be in writing and duly approved by the FSA. Both parties must sign it although the master or an agent may sign it on behalf of the employer. The agreement must be carried on the ship to which it is related when at sea.
Contractual provisions must be contained in all approved crew agreement to cover:
• the person between whom the agreement is made;
• the description of the voyage or voyages to which the agreement relates, and their geographical limits and/or the duration of the employment;
• the capacity in which each seafarer is to be employed;
• the seafarer's pay, hours of work, leave and subsistence, which may be wholly or in part by incorporation of provisions of industrial agreement between the employer and the relevant trade unions;
• other rights and duties of the parties to the agreement; and
• the circumstances in which, not withstanding the notice provisions, the agreement may be terminated by either party.
Q.5. What is a breach of crew agreement and how is it dealt with?
Ans. Each crew agreement contains a Notice Clause listing breaches for which the master may terminate the agreement with the seaman. Typical clauses may be:
• if a seaman is absent without leave at a time fixed for sailing; or
• if in the opinion of the master, the continued employment of the seaman would be likely to endanger the vessel or any person on board.
If a code of conduct is expressly incorporated in the crew agreement, the procedure in that code must be strictly followed by the master in dealing with any breach of the crew agreement.
Breach of the crew agreement is a matter of contract law i.e. civil law, and may result in dismissal and /or a civil action for damages brought by the employer. The act constituting the breach of the crew agreement (e.g. assault, or possession of drugs) may, at the same time, be a criminal offence and may be dealt with accordingly; this may necessitate the master requesting police assistance from the port state or the coastal state authorities.
Q.6. What are the guidelines for drug and alcohol abuse on board?
Ans. Every shipping company has its own guidelines for drug and alcohol abuse on board. It broadly follows the " Guidelines for the Control of Drugs and Alcohol Onboard Ships" published by OCIMF in 1990. A drug and alcohol policy statement is made by the company and must be effective all through the working of the ship and master must ensure that the same is adhered.
Drug and Alcohol (D&A) testing is now a common condition of service in all shipping companies and crew members including the master must agree and sign a company policy requirement for D&A testing. Testing is normally carried out by analysis of urine samples, taken in accordance with the written instructions from the company. The
samples are usually forwarded to the company's designated laboratory via a rigorously monitored chain of custody. The Master's Own Test is usually supervised by the chief engineer.
A company may reserve the right to search personal belongings of crew members who have signed the D&A undertaking, where reasonable cause exists to believe that the manufacture, distribution, use or possession of drug or drug paraphernalia is occurring contrary to its D&A policy.
Possession or distribution of drugs by any person, including a passenger as well as a seafarer or other category of person on board an Indian ship is a breach of Indian criminal law. It is also a breach of Crew Agreement and the Merchant Shipping Act.
Q.7. Which conditions may constitute a criminal liability for a seafarer?
Ans. Following acts will constitute a criminal liability:
• causing the loss or destruction of or serious damage to his ship or its machinery, navigational equipment or safety equipment; or
• causing the loss or destruction of or serious damage to any other ship or any structure;
or
• causing the death of or serious injury to any person; or
• omits to do anything required to preserve his ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged; or
• omits to do anything required to preserve any person on board his ship from death or serious injury; or
• omits to do anything required to prevent his ship from causing loss or destruction of or serious damage to any other ship or any structure or the death or serious injury to any person not on board his ship.
The conditions referred to above are acts of omission, which were deliberate and amounted to a breach or neglect of duty with the master or the seaman under the influence of drug or alcohol.
The defence in these cases could be that the accused took all possible and reasonable steps to discharge his duties and he was under the influence of a drug taken by him for medical purposes and under medical advice.
Q.8. What are master's actions in response to complaints from seamen?
Ans. When three or more seamen complain about provisions or water, the master should, as soon as possible make an entry in the Official Log Book (narrative section) of the names of the seamen making the complaint, and the nature of and reason(s) of their complaint. Master should investigate the complaint and take appropriate action to remedy the same as soon as possible.
A further entry should be made in the OLB detailing the master's response to the complaint. If the seamen are dissatisfied with the master's action in response to their complaint, a further entry should be made in the OLB and arrangements made for them to complain to the FSA.
When a complaint is made of some other matter, consideration should be given as to whether to record the same in the OLB. It may be prudent to record any complaints related to safety of the ship or the safety or social well being of any person on board.
Q.9. What are the actions of a master if the crew goes on strike?
Ans. The master should make the following entry in the OLB - " This day the normal working of the ship was disrupted by reason of members of the crew being on strike in furtherance of a trade dispute".
There should be no attempt by the master to sail the ship without a full crew of properly trained and qualified persons. There should be no attempt to break the strike by sailing the ships with gaps in the crew compliment or with any unsafe condition. Safety of any person should at no time be jeopardised.
It is in the interest of all concerned that the master of the ship does not participate in any strike and he must maintain his statutory and contractual position. In that case the master of the ship will have an honourable position to be a part of the negotiated settlement during and after the strike.
The master should seek advice from the company DPA and work in close co-ordination with all concerned including members from ITF and/or union to ensure that there is no violence or bitterness in a negotiated settlement.
Q.10. What procedures are required to be followed in case of a death on board?
Ans. Consult the Ship Captain's Medical Guide, Chapter 12 (The Dying and the Dead) for guidance. This chapter contains sections on Cause of Death, Procedure after Death and Disposal of Body.
Establish the cause of death, if possible. If a doctor is available, have the cause of the death certified by the doctor. Obtain witness statements from relevant personnel as soon as possible after the occurrence of the death. The FSA investigation or other officers, who may come on board in connection with the death, will require these statements.
Inform the owner or manager as soon as possible. Check the Safe Manning Document to ascertain whether a replacement for the deceased seafarer needs to be obtained before the vessel proceeds to sea. If the replacement is necessary inform the owner or the manager.
If the vessel is near or in a port inform the agent requesting him to inform the relevant authorities of the port state (i.e. port health authority, police and customs).
Inform the next of kin as soon as possible and in any case with in 3 days. The owner or the managers will probably do this, but it is the master's statutory obligation to do so.
Inform the P&I club correspondent and seek his advice on local formalities and procedure for repatriation of the body, if this were required.
If the death was accidental, have the safety officer make his statutory investigation, report and accident log entry. Make appropriate entries in the OLB. Preserve the body as per guidelines given in the Ship Captain's Medical Guide. The usual and preferred procedure to preserve a body is by chilling. Where the body cannot be preserved, any burial at sea should be in conformity with the procedures laid out in the Ship Captain's Medical Guide and only with the express permission of the deceased person's next-of-kin.
The Birth and Death form should be obtained and dully filled with all relevant details as per the OLB and despatched to the appropriate authority. List of crew as per articles of agreement must be dully entered and witnessed. Amend the crew list for the future ports.
The Discharge Book should record " DECEASED " in the date of discharge space.
Accounts of the deceased should be completed with advances if paid, overtime payable etc. and forwarded to the owner or manager.
Have two officers tally and pack the deceased person's personal property. Pack one copy of the tally sheet with the property and attach a copy to the OLB as an annex. Record the same in the narrative section of the OLB.
If the ship is outside the Flag State and the body of the deceased is to be repatriated or buried locally, consult the P&I Club correspondent and take actions as per their advice. It is imperative that the next-of-kin are consulted and kept fully informed.
CHAPTER 13