Uniformed services in India and the Enron issue - similarities?

Not directly related to the Indian Merchant Navy, but close enough, and a sensible read.

http://www.moneylife.in/article/preventing-enron-like-scams-in-the-armed-forces/26457.html

Do read it . . . 

RPS guidelines on employers of seafarers - DGS rules - essential reading

For anybody in the business of commenting on Somali pirates, please do a 360 and read these rules as applicable to employment of seafarers, and try to work out who else are the pirates as far as seafarers are concerned.

It is easy to blame piracy, but let us look within, also?




http://www.dgshipping.com/dgship/final/rules/ms_recruit_placement_seafarers_2005_Cov.htm

http://www.dgshipping.com/dgship/final/rules/ms_recruit_placement_seafarers_2005.doc

Defined - employer, bank guarantee amounts, and much more which the average seafarer just does not know about, to start with . . . consider this - from the day the aspirant seafarer answers her or his first advertisement on the subject of wanting to go to sea, how many pirates do they meet who take them for a ride?

MLC 2010 and the seafarer onboard a ship - some new bits . . .

Many shipowners and seafarers do not realise it as yet, but the Maritime Labour Convention 2010 (MLC 2010) which is going to come into force next year (2011), will be implemented by Port State Control. So it does not matter if your Flag State has ratified or signed on to the convention or not - if the Port State has signed on, then compliance by owners, operators, Master and seafarers will be essential.

States that have already ratified the MLC 2010 include Panama, Canada, Bahams, Norway, Liberia, Marshall Island, Bulgaria, Croatia, and Spain. Countries that are expected to ratify before the end of 2010 are the European Union countries and the Pacific Rim countries.

So what are the significant changes for seafarers?

One aspect would be the contract between seafarer and owner. Some significant new points would include:-

# The seafarer has been given enough time to read and review and also take advice on the contract or agreement before signing. What is "enough time"? That is left to the seafarer. If he feels he has not been given enough time, then he asks for more.

# The full name and address of the shipowner will have to be entered into the contract or agreement. In case the ownership is multiple layered, then all the names and addresses will be required to be entered.

# Full details of the health and social security benefits provided to the seafarer shall have to be entered. In this context, the new rules pertaining to NRIs and "foreign workers/Indians working abroad" under the EPFO may also be seen.

# Where the seafarer is liable for any reason to pay for his repatriation and other expenses, then a maximum amount needs to be set out in the contract/agreement itself. This can not be open ended as it is now.

# A :Shipowner's Complaint Procedure" will have to be defined and made available to the seafarer. The exact mechanics of this are yet unknown, but it is expected that this will have provision for referral back to flag and port state.

# Disciplinary rules and procedures will have to be set down, in detail, in keeping with flag and port state requirements. This appears to be a tough one. Each Port State will have different rules for such actions.

# On rest periods, much was expected, but little has changed. Maximum interval between 2 rest periods will be 14 hours. Extra work impacting rest hours for any reason - emergency, drills, musters, safety, peril - must be compensated.

# Paid leave entitlement is now a minimum of 40 days in each year of employment. This means 325 days work, 40 days leave, which works backwards to about 3.75 days per month. Pro-rata if employed for less than a year. In other words, for a 3-month contract, onboard for 2 months and 20 days entitles you to 10 days leave. Encashment of leave permitted.

# Termination of contract by seafarer for urgent or compassionate reasons shall be without cost to the seafarer. Notice period for termination of contract shall be not less than 7 days on both sides, and both seafarer as well as shipowner shall have equal number of days for this.

# Dental treatment will now be included in medical care, when visiting doctors ashore.

+++

Ofcourse, the above is still evolving, and there may be variations as and when the MLC 2010 comes into force in your Flag State. But expect the Port State Control to implement their version of MLC 2010 with vigour, and  soon.

Good luck. One more inspector . . .

Georgia, the country, capital is Tbilisi.

I have a regular reader in Georgia, come on, who that?

OK, here's something more on Georgia - the country - their "ticket" is acceptable and on the white list. Helps a lot of people who, for any reason, may be stuck with their CoCs.

http://maradgeorgia.org/Circ_No_10_280409.pdf

Norwegian pattern exam, objective, go for it. And Tbilisi is a lovely place for a lot of things, not too expensive either. And Batumi beats the whole lot. Can get there by train, too, from many places.

The MLC 2010 - a view from June 2009 . . .

Here's something I wrote on the MLC-2010 about a year and a half ago.

Big question - will the MLC 2010 just mean yet another youngish inspector with attitude onboard ships, and now in office, too?

+++

Probably the most important maritime legislation coming our way is the "Consolidated Maritime Labour Convention" (CMLC). This is an amalgamation of all the various International Labour Organisation (ILO) instruments, documents and all other regulations and codes that pertain to life for seafarers - that's over 50 such international labour standards, some going as far back as the 1920s.. While the ratification and implementation criteria are already defined, and the pre-requisites for introducing it in practice are already in place, it will still be around 2011-2012 before it actually comes into effect.

What that means, in simple English, is that life at sea for law-abiding flags and seafarers onboard is about to change. Very much. The big thing it lays out is the right of seafarers to decent living and working conditions. Worldwide. In addition, at first glance, it is easy to read, and involves the view of both seafarers as well as owners/operators. And ofcourse, environmental protection - an even bigger subject under this one now.

The parts which will really interest those still at sea or planning to go to sea,  from the specific point of view of being a "shippie", which we can expect to see covered and implemented in very quick order, are laid out in brief. Broadly, these are divided into the following categories:-

1) the minimum requirements for seafarers to work onboard ships.

2) conditions of employment.

3) accomodation, recreation facilities, food and catering.

4) health protection, welfare, medical care and social protection.

5) compliance and enforcement.

So will shipping truly become the world's first global industry, with equal standards for all, regardless of nationality of individual or flag of vessel or any other differentiators? Wait, there is much more - and it probably also spells much better opportunity for seafarers who are ready to understand what is going on.

However, first off, look at the exemptions. Coastal ships, "traditional" vessels like dhows and junks, ships below a certain size, fishing vessels and some other specific types are exempted. But even there, fact remains, some amount of global standards would rub off eventually. Just see the level of sophistication and electronic equipment available on some of the dhows plying in and around the Gulf lately, for example, they put some 10-20 year old ships to shame. There is in all likelihood a "catch-up" kind of scenario going to exist here. First off, hopefully the "launches" at Gateway of India are improved.

On the other hand, the rules for implementation and ensuring adherence have just become tougher, and give Port State Control even wider and often sweeping powers. For example, Article V.6 of this Convention states very clearly that:- " Members shall prohibit violations of the requirements of this Convention and shall, in accordance with international law, establish sanctions or require the adoption of corrective measures under their laws that are adequate to discourage such violations [wherever they occur]." Ship detention can now be resorted to for simply being from a flag that did not ratify this convention, never mind adherence otherwise to the letter and spirit, which is a significant addition to and also rather important departure from the inspection based regime currently in force. Yours could be the best ship in the world, but if your flag was not adhering, then you can be detained - simple as that.

The next big thing is definition of a "seafarer". For the first time, this definition goes beyond the traditional navigator, engineer, saloon and other departments at sea - it now brings in a simple definition:- ""any person who is employed, engaged or works in any capacity on board a ship that is covered by the Convention."". That's really, really wide. Hotel workers onboard? Temporary "flying crew" joining a ship for repairs? Pilots, port or deep-sea? Cadets? Even workers from stevedoring gangs, discharging the ship? Writers, like yours truly, sailing on board for any reason soon? Training personnel?

But the biggest change is, as always, in the commercial aspects. Ships from non-complying countries will no longer be able to pose unfair and cheaper competition to those from complying countries. This is where the convention in a manner of speaking, "comes ashore". Will the laws cover everything from basic bills of lading onwards, to newer multi-modal documents, and would this then impact insurance as well as possible post-facto increase in commercially agreed on terms and conditions, as well as costs?

The debate may have just begun, the implementation is not in doubt. Overall, in this correspondent's opinion, this is a very welcome legislation for everyone.

Now let's be there to implement it? To do that, you first have to read it. All of it. Why wait for a "course", when it is there on the internet, with commentary and all?

+++

Veeresh Malik is pleasantly surprised, after a decade in the infotech industry, to see the high level of international codification and improvement in things Mercantile Marine. Both at sea and ashore.

Bulk Iron Ore Fines Loading in India, by Capt. T. Rajkumar, Master Mariner.

(Kind courtesy Capt. T. Rajkumar)


TOPIC: Bulk Iron Ore Fines Loading in India.
Course objectives – Safety & prevention of accidents being the main criteria. 

Ref  IMO Bulk Code.

·        Review situation in India.

·        Application of the BC Code (IMO)

Introducing the topic---

·         In the year, 2002 Iron  Ore “Fines” was sought for by Buyers abroad --to replace “Lumps” and the GOI had approved. This was a major change in iron ore cargo specs from the earlier Lumps to Ore Fines in Exports. Ore Lumps of larger size does not usually become a slurry if wet as the water drains out.

·         With Ore Prices just soaring and China Buying  the all and sundry in the private sector came into the fray.... to Mine & Sell & Ship Out.

·         Exports hit an an all time high but, Loading norms of the IMO- BC Code was not understood or heeded and the trade took many aspects for granted.

·         Also many ports that used to close in Monsoon season just continued all time.

·         With increasing demand for steel, the export of Bulk Ore Fines steadily increased since 2002.  With boom time, many older ships were chartered at lowest freights and soon shoddy operations took its toll. This eventually gave rise to  numerous Bulk Carrier casualties and especially the case of  m.v. Asian Forest, sunk outside at Mangalore and m.v. Black Rose sunk off Paradip drew attention. Refer List of Casualties on last page. This finally got  the attention of the Media- !! -then the trade and industry took notice..

We need to now ask a few queries.

·         After the 12 nos. casualties  reported  and follow instructions  by the  DG, MS Notice,  IMO 2009 Revised, P&I  Club Advice to members & Reports from the Shipp Enquiry Committee--                  What is the position today ?

·         The  awareness and application of the IMO code on loading norms , much less it’s usage is still very poor. The scene all over India is just one of total disregard with compartmentalised working.

·         Shippers need to address the instructions listed in IMO BC Code.

Q: Who will control this ?

·         Refer current practices in the Iron Ore trade and -it is a shocker. Ore Fines is exported all the year round and no stoppage in Monsoon season.

·         Ore is mined and crushed at Mines from Bihar to Jharkhand/AP-Karnataka  and transported in open trucks /rakes to shipment ports. During the monsoon rains the ore piles remain  in the open yards and the moisture content exceeds limits . With heavy rains, pools of stagnant water are seen water but many Shippers wish to continue  loaded Wet Ore.

·         Refer current practices in the Iron Ore trade and Media Reports-it is a shocker. Fines is exported all the time and no stoppage in Monsoon season. Ore is mined and Crushed at Mines from Bihar /Jharkhand/AP-Karnataka  and then  transported in open trucks /rakes to shipment ports. During the monsoon rains they remain  in the open yards and the moisture content exceeds limits . With heavy rains, pools of stagnant water are seen water. This has been photographed and even reported with a caption "Ore in a lake of water!!

·         However despite all circulars and guidelines many Shippers wish to continue  loaded Wet Ore. How does the Ships Officer - Owners and relate with Shippers and Port Authority here on such matters .

·          If a Prudent Master stops loading-- will his vessel be shifted to Outer Roads. (It appears that Ports can be quite unreasonable to achieve a fast turnround).

·         In monsoon rains and cargo soaked on open stacks results in - “Ore Fines getting soaking wet. Thus M- TMT does increase beyond permissible limits  ...will turn into a Slurry and this is unsafe for loading for sea passage.       The Mangalore casualty was seen as a direct result of this as Reports will indicate.

·         The excuse given by Shippers and Assayers to the Shipping Enquiry Committee -Quote “Unable to assess M, FMP of large Bulk Quantity” unquote. This is quite an absurd statement.

·         Loading even in heavy Rains continues today despite various guidelines.

·         The problem really begins here.

·         Who will Monitor this?

·         What Loading supervision and control do we have ?

·         What is the role of Port Authority .

OPEN HOUSE –

Addressing key factors:

What can ships personnel do ?

·         How is the   Ship’s Officer managing the loading ?

·     Does the ship’s officer  inspect cargo  stack on jetty and do the ‘Can Test’.

·         Does the Ship get a  correct   quality Certificate from the Shipper’s Assayer ?

·         P&I Intervention – What is the experience on this assistance on application of the BC Guidelines ?

LOOKING AT SOLUTIONS.-Start at Fixture time with Shippers and Load Port—seems like a good place to begin but this is entirely a Ship owners decision. 

·         Supervise Loading -don't leave to chance.

·         Be totally informed and communicate.

·         Have Sampling & Testing organized  standard, calibrated equipment please-

·         Trained and competent samplers & analysis.

·         Inform Pre-shipment  specs. to Owner & Master in advance by email.

LET US NOW ADDRESS COPING SKILLS --

1) The 2009 edition of the IMO Bulk Code is really  an excellent doc; Possibly the best edition seen till date and is most comprehensive.

The first 44 pages of instructions itself tells it all- .So also, DG circular on ore loading.
Q:  Have Shippers ever read this or much less used it. 

2) In all fairness, the problem is more in Monsoon conditions with soaking wet ores. Then we also see the lack of regard for Trimming & levelling in stow.. the Shipper is quite oblivious to all this and rests in his "Angle of Repose!! (Sorry about that dig, but it is a fact).

3) The situation in 2007 & the casualties was mainly with old ships and poor management in all aspects of PSI- Load -stow-trim  sail-  fast turnround go.. go--.

This problem mainly arose due a total disregard for the IMO- Bulk Code norms and too much of commercial pressures and this  is quite evident. No doubt 2007 was a bad year-see casualty statistics.

4) The Port Authority's role in this seems to be a limited one, despite what ever legal instruments may exist. The Major Ports Act itself is nearly a 'century old' and  Ports  only respond as Custodian or bailee of cargo etc-so no real proactive role is seen on Cargo Loading matters. The Ports main priority being the turnround and Qty-Output/ shipped mainly.

5) With so many new ports and "inexperienced” personnel, mostly untrained in BC Code the "awareness’ to BC code  is  a key to correcting the situation. Regrettably, we also have today much confusion caused by some dubious Operators  who have not read the directives on loading of Iron ore fines. Then some Operators inc Shippers just do not cooperate and disregard all risk control guidelines.. 

The paradox is whilst all loading directives and control is about due diligence being exercised in the interest of safety, the fact is that few shippers cooperate.

ADDRESSING THE MATTER

Finally, a Preshipment inspection procedure was laid out by end of 2009- and has slowly gained acceptance.i.e. even before loading commenced as the Port Rules do not permit  "Wet Ore" once loaded in holds to be discharged, resulting in an impasse. P&I support and loss prevention measures came to assist the ship master from the arrival of Cargo, with sampling and testing ( PSI ) to loading and final topping when sought by Owners.

REFERENCES:  

IMO, BC Code 2009.

DG Shipping Circulars & MS Notice

P&I Club Circulars

Apart from the above, the National Shipping Committee also met. The GOI Circular from Delhi of May 28, 2010 "guideline" was issued.

Finally in 2010 we seem to have arrived at a reasonable consensus to Monitor the work with P&I support as follows:

Ship & cargo survey attendance to include:

1)  To inspect the cargo at shippers stock yard before arrival of the vessel and to carry out joint sampling with shippers representative / surveyor.

2)  To carryout analysis of one composite sample for Total Moisture, Flow Moisture Point & Transportable Moisture Limit.

3)  The test results of TML to be made available to the Master of the Vessel prior to loading for reference.

4)  To attend the vessel on arrival and carryout monitoring survey of the cargo to be loaded.

5) To Carryout Regular CAN Test and Instant Moisture Test of the sample at hook point during loading.

6)  If a parcel of cargo is suspected to be wet during loading and bringing it to the notice of the concerned. 

7) Surveyor will allow such cargo to be loaded where moisture content is found to be less than TML.  If moisture content is more than TML then please recommend Master to reject such cargo. 

8) OPTIONAL- To carry out initial & final Draft survey and assist Master in stowing and trimming of cargo after loading.

SUMMARISING: 

Ships condition apart--bulk loading can be well organised and managed if basic norms are followed  I do believe this can be well managed with Cooperation from all, plus a better knowledge of the BC Code in loading and esp. due respect by shippers for the specifics.

As a former Surveyor to the mechanical ore Terminal at Chennai (commissioned in 1978 ) operated by the Port & MMTC- we had good results and work progressed with due cooperation from all with successful outcomes.

Time changes many things with expansion and costings and degeneration often sets in when unchecked. This matter was earlier taken up for Masters Revalidation Course. It was  also presented at the Nautical Inst. Chennai Chapter seminar by me this year.

All P&I Clubs have published papers on this matter and it is just a matter of taking this procedure across to Trade –i.e. Shippers and all connected inc. the Port Authority,

There is a serious need to build better Awareness to the BC Code within the shore support sector attending bulk cargoes. 

NOTE: In the 1987 -1992 period Bulker Casualties  were reported all across the world and esp at high loading terminals. In the1990s when the Master's Revalidation course was set on stream "Bulk Carrier disasters" was a key subject- Senior mariners will recall the case study  of the m.v. Derbyshire. The Nautical Institute and later the Classification societies had done much research on Bulkers and provided valuable data. Sadly, all is now archived in vaults. History repeats is a truism. A few problems had also surfaced in India--but did not lead to a sinking. Generally it was Improper loading/overloading, heeled and with torsional deflection - inability to  close hatch covers with disregard for trimming

RECENT CASUALTY STATISTICS

No	Vessel	Load Port	Sailing	Incident	Date	+
1.	m.v. WEN  QIAO	India	..08.07	Capsized and sank at North Korea.	17.9.07	1
2.	m.v.CHANG LE MEN	Mangalore	05.09.07	Beached with 35 deg list near Mangalore	6.9.07	-
3.	m.v. DISCOVERY II	Haldia	18.9.07	Developed severe list and entered Port of Vizag for disch.	21.9.07	-
4.	m.v.VIEN DONG 2	Haldia	26.9.07	Beached with 20 deg. List off Car –Nicabar Islands	30.9.07	-
5.	m.v. HENG TAI	Haldia	27.9.07	Capsized and sank at Andaman Sea – West of Bangkok	2.10.07	2
6.	m.v. ASIAN FOREST	Mangalore	17.7.09	Sank off Mangalore	18.7.09	-
7.	m.v. HODASCO 15	Calcutta	…8.09	Capsized and sank off Malaysia	30.8.09	-
8.	m.v. BLACK ROSE	Paradip	..09.09	Sank shortly after departing	9.9.09	1
9.	m.v. VINALINES MIGHTY	Paradip	..09.09	Serious list short after sailing and returned to load port.	10.9.09	-