24
Marine Safety Investigation Unit MARINE SAFETY INVESTIGATION REPORT Safety investigation into the serious injury to a crew member on board the Maltese registered bulk carrier BARGARA in the port of Fangcheng, China on 23 January 2012 201201/028 MARINE SAFETY INVESTIGATION REPORT NO. 21/2012

Marine Safety Investigation Unit

  • Upload
    others

  • View
    7

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Marine Safety Investigation Unit

Marine Safety Investigation Unit

MARINE SAFETY INVESTIGATION REPORT

Safety investigation into the serious injury

to a crew member on board

the Maltese registered bulk carrier

BARGARA

in the port of Fangcheng, China

on 23 January 2012

201201/028

MARINE SAFETY INVESTIGATION REPORT NO. 21/2012

Page 2: Marine Safety Investigation Unit

ii

Investigations into marine casualties are conducted under the provisions of the Merchant

Shipping (Accident and Incident Safety Investigation) Regulations, 2011 and therefore in

accordance with Regulation XI-I/6 of the International Convention for the Safety of Life at

Sea (SOLAS), and Directive 2009/18/EC of the European Parliament and of the Council of 23

April 2009, establishing the fundamental principles governing the investigation of accidents

in the maritime transport sector and amending Council Directive 1999/35/EC and Directive

2002/59/EC of the European Parliament and of the Council.

This report is not written, in terms of content and style, with litigation in mind and pursuant to

Regulation 13(7) of the Merchant Shipping (Accident and Incident Safety Investigation)

Regulations, 2011, shall be inadmissible in any judicial proceedings whose purpose or one of

whose purposes is to attribute or apportion liability or blame, unless, under prescribed

conditions, a Court determines otherwise.

The objective of this safety investigation report is precautionary and seeks to avoid a repeat

occurrence through an understanding of the events of 23 January 2012 misleading if used for

other purposes.

The findings of the safety investigation are not binding on any party and the conclusions

reached and recommendations made shall in no case create a presumption of liability

(criminal and/or civil) or blame. It should be therefore noted that the content of this safety

investigation report does not constitute legal advice in any way and should not be construed

as such.

© Copyright TM, 2012

This document/publication (excluding the logos) may be re-used free of charge in any format

or medium for education purposes. It may be only re-used accurately and not in a misleading

context. The material must be acknowledged as TM copyright.

The document/publication shall be cited and properly referenced. Where the MSIU would

have identified any third party copyright, permission must be obtained from the copyright

holders concerned.

MARINE SAFETY INVESTIGATION UNIT

Malta Transport Centre

Marsa MRS 1917

Malta

Page 3: Marine Safety Investigation Unit

iii

CONTENTS

GLOSSARY OF TERMS AND ABBREVIATIONS .................................................. iv

SUMMARY ................................................................................................................... v

1 FACTUAL INFORMATION ................................................................................. 1 1.1 Vessel, voyage and marine casualty particulars ................................................... 1

1.2 Description of vessel ............................................................................................ 2

1.3 Environmental conditions ..................................................................................... 3

1.4 Vessel‟s trade and cargo information ................................................................... 3

1.5 Training of the AB ................................................................................................ 5

1.6 Safety management system .................................................................................. 5

1.7 Narrative ............................................................................................................... 7

1.8 The BLU Code and Manual ................................................................................. 9

1.9 The STCW Code ................................................................................................ 10

2 ANALYSIS ........................................................................................................... 12 2.1 Aim ..................................................................................................................... 12

2.2 Circumstances of the accident ............................................................................ 12

2.2.1 Cargo and the cargo hold .......................................................................... 12

2.2.2 Crew preparedness .................................................................................... 12

2.2.3 Communication ......................................................................................... 13

2.2.4 Presence of signalling men ....................................................................... 14

2.2.5 Risk assessment ......................................................................................... 15

3 CONCLUSIONS ................................................................................................... 18 3.1 Immediate Safety Factor ..................................................................................... 18

3.2 Latent Conditions and other Safety Factors ....................................................... 18

4 ACTIONS TAKEN ............................................................................................... 19 4.1 Safety actions taken during the course of the safety investigation ..................... 19

Page 4: Marine Safety Investigation Unit

iv

GLOSSARY OF TERMS AND ABBREVIATIONS

AB Able Bodied Seaman

B&W Burmeister and Wein

BC Solid Bulk Cargoes

BLU Bulk Loading and Unloading

BST Basic Safety Training

BV Bureau Veritas

CSS Code of Safe Practice For Cargo Stowage and Securing

DWT Deadweight

IMO International Maritime Organization

IMSBC International Maritime Solid Bulk Cargoes

ISM Code International Safety Management Code

Kg hl-1

Kilogramme per hector litre

Km hr-1

Kilometre per hour

LT Local Time

MT Metric Tonne

NSW New South Wales

PWCS Port Waratah Coal Services

SMS Safety Management System

SOLAS International Convention for the Safety of Life at Sea, 1974 as

amended

STCW International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers, 1978, as amended

TEU Twenty Foot Equivalent Unit

Page 5: Marine Safety Investigation Unit

v

SUMMARY

On 23 January 2012, the Maltese registered bulk carrier MV Bargara was discharging

its Canola cargo at Berth 11 at Fangcheng port in China. At about 1330, the AB on

duty went down into cargo hold no. 3 to loosen up areas of the cargo to facilitate the

unloading. The mechanical grabber in use to unload the Canola cargo, and which was

being operated by a shore crane operator, caught the AB from his legs.

As a result of this accident, the 25 year old AB suffered severe injuries and

consequently lost both his legs.

The safety investigation identified safety issues related to risk awareness, risk

acceptance and communication.

On the basis of the actions taken by the Company in the wake of the accident, no

recommendations have been made to Bargara‟s ship managers.

Page 6: Marine Safety Investigation Unit

1

1 FACTUAL INFORMATION

1.1 Vessel, Voyage and Marine Casualty Particulars

Name Bargara

Flag Malta

Classification Society Bureau Veritas

IMO Number 9261360

Type Bulk Carrier

Registered Owner Selene Owning Co. Ltd.

Manager(s) TMS Bulkers Ltd.

Construction Steel

Length overall 225.00 m

Registered Length 218.17 m

Gross Tonnage 40437

Minimum Safe Manning 16

Authorised Cargo Bulk cargo

Port of Departure Chiwan, China

Port of Arrival Fangcheng, China

Type of Voyage Coastal

Cargo Information Canola seed

Manning 22

Date and Time 23 January 2012 at 1325 (LT)

Type of Marine Casualty or Incident Serious Marine Casualty

Location of Incident Fangcheng, China

Place on Board Cargo hold

Injuries/Fatalities One crew member injured

Damage/Environmental Impact None

Ship Operation Discharging at berth

Voyage Segment Arrival

External & Internal Environment During ongoing cargo operations, the weather was

clear with a temperature of about 9°C. Northerly

breeze and clear skies with good visibility.

Persons on Board 22

Page 7: Marine Safety Investigation Unit

2

1.2 Description of Vessel

Originally named Song Hua, the vessel is a single hull bulk carrier built at Hudong

Zhonghua Shipbuilding Co. in China (Hull number 1288A). She was delivered to her

owners in January of 2002. Bargara has an overall length of 225 m and a beam of

32.26 m.

Bargara has seven cargo holds of almost equal length, fitted between frames 44 and

245 and located forward of the accommodation superstructure (Figure 1). The cargo

holds‟ hatch covers are of the side rolling type, stowing at the side of the hatch. The

main propulsion is provided by a single Burmeister and Wain (B&W) 5S60MC two-

stroke, single acting, diesel engine that delivers 8,550 kW. The main engine drives a

single, fixed pitch propeller, which gives the ship a service speed of about 15 knots1.

Bargara is registered under the Maltese flag, owned by Selene Owning Co. Ltd. and

managed by TMS Bulkers Ltd. The vessel is classed with Bureau Veritas (BV).

At the time of the accident, the vessel had a crew of 22. All the crew members were

Filipino nationals except for the master, who was Greek, and the electrician and fitter,

who were both Romanian. All the crew members were qualified to serve on board the

ship in accordance with the flag State Administration requirements.

Figure 1: MV Bargara main deck

1 One knot, or one nautical mile per hour equals 1.852 km hr

-1.

Page 8: Marine Safety Investigation Unit

3

1.3 Environmental Conditions

At the time of the accident, the weather was clear with a visibility of 14 nautical miles

and good natural light. The sea state was moderate, with a temperature of 5 C. There

was a northerly breeze and the outside temperature was 9 C.

1.4 Vessel’s Trade and Cargo Information

On 18 January 2012, Bargara sailed from Chiwan, China and arrived at Fangcheng,

China on the following day at 2200. The vessel had been carrying Canola seeds as

indicated in Table 1.

Table 1: Cargo distribution on board

* Metric Tonnes

Cargo discharge operations started on 20 January at 1410.

Fangcheng Port (marked B in Figure 2) is located at the northern bank of Beibu Gulf,

southern part of Guangxi deepwater harbour at the furthest south-western end of the

coastline on China mainland. Fangcheng Port has 35 berths, 21 of which can

accommodate vessels of more than 10,000 DWT. The maximum design berthing

capacity is 200,000 DWT, with an annual throughput capacity of 30 million tonnes.

The dedicated container berth handling capacity is 200,000 TEU annually.

Hold 1* Hold 2* Hold 3* Hold 4* Hold 5* Hold 6* Hold 7* Total*

7,5756 9,070 9,075 9,075 9,075 9,075 8,497.20 61,442.20

Page 9: Marine Safety Investigation Unit

4

B

A

Map data © 2012 Google, Kingway, MapIT, MapKing, Mapabc, SK M&C, Tele Atlas, ZENRIN

Figure 2: Loading and discharge ports

Baraga was carrying 34,222 mt of Canola seed in bulk. Canola seed is genetically

derived from rapeseed and although its nutritional values are substantially different

from rapeseed, visually and dimensionally it is very similar; however, it differs in

texture. Canola seed has dark brown matt colour, it is generally spherical in shape,

about 2 to 4 mm in size (Figures 3 and 4). The texture is rather dull and rough. The

volumetric grain weight of Canola seed is about 65 kg hl-1

. Canola is not considered

to be a hazardous cargo.

Figure 3: Canola seed Figure 4: Canola seed shape and texture

Page 10: Marine Safety Investigation Unit

5

Canada is the major producer and exporter of Canola seed. It produces over six

million tonnes per year and exports more than 50% of its annual crop. The United

States produces an average of one million tonnes of Canola seed per annum, while

Australia produces another two million tonnes of Canola seed per year and exports

worldwide about one million tonnes per annum.

1.5 Training of the AB

The injured AB was issued with a Seafarer‟s Registration Certificate as an Ordinary

Seaman on 17 August 2010. He had also been issued with a certificate as

navigational support on 13 March 2008. The AB had received training in Basic

Safety Training and Instruction in Personal Survival, Fire Prevention and Fire

Fighting, Elementary First Aid, and Personal Safety and Social Responsibility, and

Proficiencies in Survival Craft and Rescue Boat.

The AB also met the required standard of competence to undertake task, duties and

responsibilities listed in column one of tables A VI/1, A VI/1.2, A VI/1.3 and

A VI/1.4 of the STCW Code. He was also certified as having successfully completed

training as required by Regulation II/4 of the STCW Convention in „Navigational

Watch Keeping‟.

Before embarking on Bargara, the AB undertook further training in the Philippines

between 31 August and 06 September 2011. He successfully completed training in

„Port State Control Awareness‟, and „Anti Piracy Awareness Training‟. During the

same period, he was also certified as having attended a „Bridge Watch Keeping and

Procedure Awareness‟ and a „Pre Departure Orientation Seminar‟.

The AB had served on another vessel between 22 September 2010 and 18 June 2011.

He embarked on Bargara on 13 October 2011.

1.6 Safety Management System

The Company‟s Safety Management System Manual made specific reference to

access into cargo holds during cargo operations. In particular, it specified that

…the Master is responsible at all times for the safe loading and discharge of his vessel

and he shall confirm to the terminal this control in the form of the loading or discharge

plan.

Page 11: Marine Safety Investigation Unit

6

It further stated that

…should, for any reason it become necessary for crew members to enter into cargo

holds during operations, cargo operations in the affected hold must be stopped and

permission obtained from the terminal before entry is made. In order to ensure the

safety of all crew members during operations, the following procedure should be

strictly adhered to.

BEFORE ENTRY

The terminal supervisor shall be advised …and must agree, in writing to this operation.

The Master, upon receiving written consent, shall evaluate all the risk…

The Chief Officer shall ensure that all shore cargo handling equipment is removed

from the hold…

A deck Officer with a radio shall be designated to remain at the point of entry

throughout the time…

The Company procedures related to “crew entering cargo holds – during cargo

loading” and adopted by TMS Bulkers Ltd., were circulated to respective masters,

chief mates, safety and deck officers as Safety Bulletin No. 243 – 10/2009. The

Safety Bulletin clearly stated that “No entry into cargo hold is allowed during cargo

operation”. The Bulletin also instructed masters to laminate and post on all cargo

hold entrances the notice that was issued by Port Waratah Coal Services (PWCS) of

NSW Australia (Figure 5).

Figure 5: Warning notice at one of the cargo hold access points

Page 12: Marine Safety Investigation Unit

7

1.7 Narrative2

On 19 January 2012, Bargara arrived at Fangcheng Port, China and was made all fast

port side alongside at Berth 11 (Figure 6) to discharge about 34,222 mt of Canola seed

in bulk from its cargo holds nos. 1, 3, 5 and 7. The discharge operations started on the

following day at 1400, using shore cranes and grabs (Figure 7). Discharge operations

were uneventful and on 23 January at about 0820, hatch covers for cargo holds nos. 1,

3, 5 and 7 were opened.

At 0835, all four cargo holds were ready for the cargo discharge operations to resume.

Two gangs started work at 0900, discharging cargo from cargo hold no. 3. Work was

temporarily suspended at 1140 for break. At 1200, the second mate, together with an

AB reported for duty and proceeded to cargo hold no. 3. At 1240 discharge

operations were resumed.

Figure 6: Bargara during unloading operations at berth 11

Figure 7: Wharf cranes alongside Bargara

2 Unless otherwise stated, all times are local.

Page 13: Marine Safety Investigation Unit

8

The shore cranes rigged with a mechanical grabber (Figure 8) were operated by local

port workers.

Figure 8: The use of the grabber in one of the cargo holds on board Bargara

At one point in time, while the grabber was on the jetty side, the duty AB went down

inside cargo hold no. 3 to loosen Canola seeds that were entrapped between the

transverse frames of the cargo hold. The second mate remained on the main deck3. A

long scraper was normally used to loosen any entrapped cargo, which would have

caked between the frames. The AB understood that the second mate was supervising

the operation from the main deck. He claimed that it was also agreed that the second

mate would warn him before the grabber is swung over the side and lowered into the

cargo hold so that he would take adequate cover before the grabber reached the cargo

surface.

At about 1325, the grabber was lowered into the cargo hold while the AB was still

trying to loosen up the entrapped Canola grain. Whilst he was breaking loose the

cargo, the AB looked up and noticed the grabber approaching from above without any

notice. The AB tried to keep clear of the grabber, which landed on the surface of the

cargo, very close to his back. As the grabber opened, the AB was drawn inside with

the grain as a result of the unstable nature of the cargo. Both his legs were caught by

the grabber as the latter closed and the crane started to hoist it up.

3 The injured crew member claimed that there was a rope inside the cargo hold, which served as a

lifeline to be tied around the waist of anyone accessing the cargo hold. However, there was no

evidence that the injured AB was tied around the waist at the time of the accident.

Page 14: Marine Safety Investigation Unit

9

The second mate heard the AB screaming and when he realised what had happened,

he signalled to the crane driver. The grabber was subsequently lowered onto the

cargo and the AB released. The second mate alerted the master of the accident. First

Aid was administered to the AB and an ambulance was called, which transferred the

injured crew member to a nearby hospital. Following the necessary surgical

intervention, the AB survived the accident. Notwithstanding all the medical

assistance received on board and ashore, the AB lost both his legs from the knees as a

result of the severe injuries sustained.

Whilst the master had not authorised the AB to enter the cargo hold during the cargo

discharging operations, the second mate claimed that he had only made a passing

comment to the AB about the blackened caking cargo.

The AB claimed otherwise and explained that this particular access to the cargo hold

was not a one-off entry. He explained that he had to go inside the cargo hold through

the manhole and crew members had also received instructions from the ship to loosen

the cargo when the grabber was out of the cargo hold4. He also explained that it had

been agreed that the duty officer would supervise the cargo hold and notify him

before the grabber approached the cargo hold.

1.8 The BLU Code and Manual

The Code of Practice for the Safe Loading or Unloading of Bulk Dry Cargo Carriers

(BLU Code) stipulates procedures to be adopted by the ship and the terminal. Section

3.3.1.12 specifies that on receipt of the ship‟s initial notification of its ETA, the

terminal should give the ship advance information on the proposed cargo handling

operations or changes to existing plans for cargo handling.

The Code also specifies in section 4.1.1 that the master is responsible at all times for

the safe loading and unloading of the ship, the details of which should be confirmed to

the terminal representative in the form of either a loading or unloading plan. In

addition, it is stipulated that it must be ensured that there is an agreement between the

master and the terminal representative at all stages and in relation to all aspects of the

loading or unloading operations.

Page 15: Marine Safety Investigation Unit

10

The establishment of communication arrangements between the ship and the terminal

(thereby facilitate prompt response), are emphasised as an important procedure.

Appendix 3 to the Code requires both the master and the terminal manager to

establish communication methods, working language, radio channels and exchange

phone numbers.

On the same matter, the BLU Manual in section 6.1.2 specifies that “…monitoring

and effective communications between terminal and ship must be maintained at all

times” whilst in section 6.1.3 it continues “…hold cleaning arrangements are normally

specified in the relevant charter party”. At a lower hierarchical management level, the

Manual further reinforces the need to establish good communications between the

ship and the terminal by stating that unloading operators should have an appropriate

understanding of how to “ensure that good communications are maintained between

the unloading operator and the designated ship‟s officer...assess the risk arising from

cargo sticking in frames and on hopper sides and facilitate, if possible, its safe

removal without risk to the safety of terminal personnel and ship‟s crew members.”

The Manual also recognises that moving equipment and vehicles, and operation of

mobile plant in ship‟s cargo holds are hazards that may be encountered at the

ship/shore interface during loading and/or unloading of solid bulk cargoes.

Risk assessment (RA) related to carriage of solid bulk cargoes is highlighted in the

International Maritime Solid Bulk Cargoes (IMSBC) Code, which requires that a

preliminary assessment of any potential hazards in the space to be entered is carried

out by a competent person.

1.9 The STCW Code

Cargo handling is also addressed in the STCW Code in Table A-II/2, (Function Cargo

Handling and Stowage). Crew members at management level are required to have the

knowledge, understanding and proficiency in “loading and unloading operations, with

special regard to the transport of cargoes identified in the Code of Safe Practice for

Cargo Stowage and Securing.”

4 In his submission to MSIU, the master denied that any crew member had ever been instructed to

enter the cargo hold during the cargo operations.

Page 16: Marine Safety Investigation Unit

11

The Code also specifies the importance of effective communication, healthy working

relationships between ship and shore terminal personnel, and establishing procedures

for the safe handling of cargo in accordance with the provisions of the relevant

instruments, such as the IMSBC Code.

Page 17: Marine Safety Investigation Unit

12

2 ANALYSIS

2.1 Aim

The purpose of a marine safety investigation is to determine the circumstances and

contributory causes of the accident as a basis for making recommendations, to prevent

further marine casualties or incidents from occurring in the future.

2.2 Circumstances of the Accident

2.2.1 Cargo and the cargo hold

Bargara was a single hull bulk carrier. Typically, due to stiffening and frames on the

inside of cargo holds, granular cargo, such as Canola seed, becomes caked and gets

trapped between the frames and stiffeners. With an empty cargo hold, it is difficult to

reach these areas. For this reason, the AB went into cargo hold no. 3, while it still had

about 70% of cargo. Maintaining a steady foothold would have been very difficult.

2.2.2 Crew preparedness

The Master held a Safety Management Meeting on the 27 November 2011 and one of

the agenda items was “Safety Bulletin No. 243 – 10/2009”. It was reported that the

Master emphasised the danger and cautioned that no entry into cargo holds was

allowed during cargo operations. The names of the injured AB and the second mate

involved in the accident did not appear on the list of participants.

At the time of the meeting, the second mate had not yet joined the vessel and it can

only be hypothesised that the Safety Management Meeting minutes were discussed

during the handover session when he embarked. Although the injured AB was on

board, it is highly probable that he was on duty during the Safety Management

Meeting. Whilst it is an onboard practice to post the meeting agenda on the notice

boards in both messrooms, there was no possibility to ascertain that it would have

been read by all crew members. Moreover, the agenda would not have contained the

specific details of the meeting and the only plausible source of information for these

crew members would be the Meeting minutes. There was no mention of the AB ever

asking for the minutes of this Meeting. Notwithstanding these uncertainties, there

was no evidence to indicate that the absence of the crew members from the Meeting

was a direct cause of the accident.

Page 18: Marine Safety Investigation Unit

13

2.2.3 Communication

Effective communication is paramount in hazardous situations. It is one way of

ensuring that a task is safely conducted, taking into consideration the defined

circumstances. Not only; but effective communication is directly related to situation

hazards and complexity i.e. the more a situation is perceived to be hazardous and

complex, the higher the importance for clearer communication between actors

involved in the matter. Even more, the room for manoeuvring in optimising system

performance becomes limited in hazardous situations; which again escalates the

importance of communication.

Evidence indicated several levels of inadequate communication, which directly or

otherwise had a bearing on the dynamics of the accident. Moreover, certain features

of the ship also contributed to the inadequate level of communications. For instance:

the safety notice posted on the cargo hold hatch coaming was ignored. This

is not an uncommon phenomenon and there are studies which indicate that

safety notices are easily ignored within days they are posted;

any instructions given by the second mate to the AB may have not been clear

enough and were possibly misinterpreted;

access to the cargo holds during cargo operations may have happened in the

past with no adverse consequences that would have either deterred the crew

members from repeating the practice, or necessitated a report to be lodged

with the Company;

no VHF communication was available to the AB inside the cargo hold. The

AB could have found the radio useful to raise the alarm as soon as he noticed

the grabber approaching in the cargo hold;

in the onset to the accident, the second mate was not in the line of sight of the

crane driver and the AB;

access to the cargo hold during cargo operations was affected without a

permit of entry signed by the master;

Page 19: Marine Safety Investigation Unit

14

possible steep hierarchal chain of command may have been present where the

ratings accepted orders from their superiors irrespective of the requirements

in the SMS Manual5;

it is possible that the second mate was distracted by the activity on board

without noticing that the grabber was in position and being lowered in the

cargo hold where the accident happened;

there were no discussions between the vessel (master) and the terminal about

the operations due to a language barrier. The master only wrote a Letter of

Protest after the accident had happened6;

potential language barrier between the crew members and the crane operator;

and

absence of a signalling man on the deck who could have either raised the

concern that a crew member has climbed down the cargo hold or

communicated with the crane driver in a more effective way.

Irrespective of whether the entry into the cargo hold was the initiative of the injured

AB or the result of instructions from the second mate, the need for effective

communication was sidelined. It may be hypothesised that the entry into the cargo

hold was deemed by the crew members not to be a too complex matter and therefore,

an entry plan was not deemed to be a necessity.

2.2.4 Presence of signalling men

The accident happened on 23 January 2012, which coincided with New Year‟s Day in

the Chinese calendar. There was no indication as to whether Fangcheng Terminal

was understaffed on the particular day. Since the commencement of the cargo

discharge operations on 20 January 2012 until the day of the accident three days later,

the discharging operations were performed without signalling men. It was only after

the accident occurred that signalling men were posted at each discharging cargo hold.

5 In his submission, the AB specified that he went down into the cargo hold against his wish and had

objected to the second mate. The AB‟s concern was the absence of a signalling man on the main

deck. He reiterated that he had agreed with the second mate for the latter to signal the crane

operator himself should the need arises – a task, which was not fulfilled. Gaining access into the

cargo hold meant overriding established safety management system procedures.

6 In fact, the ship-shore checklist was signed by the master and the agent on behalf of the Terminal.

Page 20: Marine Safety Investigation Unit

15

The absence of the signalling men implied several other safety related issues, which

were not necessarily directly related to the accident per se, i.e.

the master had not made an agreement with the terminal representative in

relation to all aspects of the discharge operation and the SMS Manual prior to

the commencement of the cargo operations as required by the BLU Code.

The crew members had difficulty to establish effective communication with

the Terminal due to language barrier. In fact, all communications with the

port were done through the ship‟s agents, being the only person able to speak

both English and Chinese;

whilst no signalling men were appointed by the Terminal, the vessel

proceeded with the cargo discharge operations, which indicated that either

signalling men were perceived to be ineffective or else the cargo discharge

operations were considered to be paramount over the presence of the

signalling men; and

the SMS manual required a person to be designated to oversee the cargo

operation and to be stationed on deck above the cargo hold at all times, to

watch the safety of the persons working in the cargo hold and to ensure that

cargo operations in the particular cargo hold are temporarily suspended if any

person is required to enter the cargo hold. This procedure was not followed.

2.2.5 Risk assessment

A form prepared by the shipper, and which met the requirements of SOLAS 1974

Convention, regulation VI/2, the Code of Safe Practice for Solid Bulk Cargoes

(BC Code), and the Code of Safe Practice for Cargo Stowage and Securing (CSS

Code), specified that the cargo being shipped by Bargara was non-hazardous grain.

This document was presented by the managers to MSIU after a formal request was

made for a copy of the risk assessment carried out before the cargo operations were

initiated. The document provided was not a risk assessment, and it may be concluded

that because the cargo was classified as non-hazardous, no risk assessments were

deemed necessary by the crew members and therefore no written assessments were

performed.

Page 21: Marine Safety Investigation Unit

16

The above safety issues may bring into question the effectiveness of the training and

implementation of the safety management system on board. However, these need to

be seen in the light of the prevailing situation at the time.

Considering the availability of safety notices and literature on Bargara (even if these

are considered to be soft barriers), it may be submitted that the acceptance of risk and

exposure to hazards were the result of particular social components on board,

interacting with attitude and behaviour, thereby influencing the safety outcome.

Therefore, the particular factors identified above, interacting with crew members‟

personal predispositions (which were also influenced by these particular factors) had

an impact on the way the events developed, with risk materialising into an accident.

The acceptance of the crew member to access the cargo hold during the cargo

operation (irrespective of whether this was the result of instructions from above or a

personal initiative), reflected a situation of a hazardous trade-off between compliance

with safety rules and support of efficient performance.

As such, this was considered to be a matter related to organisational factors on board

– matters, which would go beyond the request for additional training, slogans, and

safety posters. This was considered to be so because research studies indicate that

there are several hazards that are classified as universally hazardous – in other words,

hazards inherent within the system and are readily accepted by operators (in this case

the crew members) in close proximity of the hazards. Universal hazards may not

necessarily change or influence safe behaviour because of their general acceptance7.

Then, as already mentioned above, personal attributes play an important role in

acceptance of risk; a phenomenon, which has also been researched in several safety-

critical domains. The safety investigation did not come to the conclusion that the

AB‟s entering into the cargo hold was a reflection of cavalier attitude. Rather, risk-

taking is not an uncommon tendency and is influenced by the perception of the gained

advantages in effort time8.

7 Evidence suggested that the only perceived risk was the hanging grabber approaching the open

cargo hold. The potential inherent danger of the cargo as not appreciated enough. The force of the

cargo whilst being drawn inside the grabber when the latter opened may have not been anticipated

and its effect was only appreciated once the crew member was drawn towards the grabber.

8 In the absence of any disapproval from the officers at management level and no history of accidents

as a result of risk-taking, the latter becomes incorporated into the normal way of work, thereby

eroding the safety margin between the real danger zones of the operations.

Page 22: Marine Safety Investigation Unit

17

THE FOLLOWING CONCLUSIONS AND SAFETY

ACTIONS SHALL IN NO CASE CREATE A

PRESUMPTION OF BLAME OR LIABILITY.

NEITHER ARE THEY LISTED IN ANY ORDER OF

PRIORITY.

Page 23: Marine Safety Investigation Unit

18

3 CONCLUSIONS

Findings and safety factors are not listed in any order of priority.

3.1 Immediate Safety Factor

3.1.1 The crew member suffered serious injuries to his lower extremities after

he accessed the cargo hold during cargo operations and was caught by the

grabber discharging the cargo;

3.2 Latent Conditions and other Safety Factors

3.2.1 The injured AB and the duty officer were not re-briefed on the pertinent

Company‟s latest Safety Bulletin even though they were both aware of the

company‟s instructions vis-à-vis access into the cargo hold during cargo

operations;

3.2.2 The crew member accepted the risk of entering the cargo hold during the

cargo discharge operations;

3.2.3 The crew member was unaware that the grabber had approached the cargo

hold and consequently was unable to take a timely action;

3.2.4 It was not possible for the crane operator to see the injured crew member

inside the cargo hold partly because of the height of the hatch coaming,

the level of cargo inside the hold, and also because of the location of the

injured crew member inside the cargo hold;

3.2.5 Until the accident happened, there was no designated watch appointed

from the shore terminal to oversee the cargo operations;

3.2.6 The access into the cargo hold during the cargo operations went against

the procedures prescribed in the SMS manual;

3.2.7 There was no effective communication between the AB inside the cargo

hold, the second mate on the main deck and the crane operator ashore.

Page 24: Marine Safety Investigation Unit

19

4 ACTIONS TAKEN

4.1 Safety actions taken during the course of the safety investigation

The Company investigated the accident in terms of Section 9 of the ISM Code. The

identified safety issues were discussed internally, following which, actions were taken

to adequately address the matter.

The Company reported that all the vessels under its management were notified of the

accident through the Company Fleet Advisory System. Subsequently, masters

reviewed the accident with their deck officers and ratings that are normally directly

involved in cargo operations, addressing in particular:

the enhancement of supervision by the duty deck officers during cargo

operations; and

effective communication between the duty deck officers and the ratings.

During the in-house pre-joining familiarisation course, TMS Bulkers Ltd. is now

specifically addressing:

onboard practices vis-à-vis the Code of Safe Working Practices for Merchant

Seamen;

the Company‟s Permit to Work System;

the Company‟s documented SMS procedures for the „Entry into cargo holds

during cargo operations‟;

the Company Safety Bulletins and Circulars – in particular the one related to

entry into cargo holds; and

the Company posted warnings / signs outside each cargo hold.

TMS Bulkers Ltd. has also increased the frequency of internal ISM audits on board all

their managed vessels in order to improve the identification of any potential problems

of a similar nature within its fleet.