The Basics of Marine Cargo Safety

It is estimated that more than 50% of packaged goods and bulk cargoes transported by sea today can be regarded as dangerous or hazardous from a safety standpoint according to the criteria set by the International Maritime Organization (IMO). The bulk cargoes being shipped include, but are not limited to, commodities such as solid or liquid chemicals and other materials, gases and products for the oil refinery industry, and waste products, sometimes considered scrap goods, which would appear harmless.

Cargo packed in traditional marine cargo containers can be shipped to and from just about anywhere in the world. Because various codes and standards are not recognized worldwide, one is challenged on how to enforce any safety requirements.

Considering the above information, some vendors may be unaware that their product may be considered as dangerous goods. Basically, any cargo container that is to be carried on a ship that contains goods and has not been purged of all residues pertaining to said goods, that cargo container should be considered as containing dangerous goods. Furthermore, a cargo container that has contained dangerous goods and whose placard or label is over marked with the word "Empty" or "Vide" shall not for that reason alone be considered to have been purged of all residues which were a product or by-product of such goods.

Due to the constant rise in dangerous shipments of marine cargo, the IMO produced "The International Maritime Dangerous Goods Code". Although portions of the code are recommended practices, several sections are mandatory. Having this code is indeed helpful; however, second and third parties responsible for loading marine cargo containers may be unaware of any such guidelines. In order to protect cargo containers, cargo carrying vessels, and most importantly, the lives of crew members, there are some basic steps a company can do to protect itself from fires, explosions and or other calamities.

EDUCATION

First and foremost is taking a proactive approach regarding education. Cargo container users and packagers should be provided guidelines that must be adhered to during the packing and loading process. They need to be advised on how to handle dangerous goods. Not only does such an inexpensive precaution educate the user, it also provides a basis for claims against these users if the guidelines are not adhered to and a loss occurs.

The education process should also include information on how to mark potentially dangerous cargo containers and how to properly document the paperwork. Once second and third party outside agencies become aware of these protocols and standard procedures, safety will naturally rise. Once an outside vendor has received the educational materials, the parent company should maintain a file of which users have been provided these procedures and which ones have not.

The educational materials should consist of company requirements, safety procedures and guidelines regarding the shipment of dangerous goods as they pertain to the IMO, International Maritime Dangerous Goods Code.

INHERENT VICE OR HIDDEN DEFECT

It is important to note that a marine cargo vessel cannot be responsible for an "Inherent Vice" or "Hidden Defect". An "Inherent Vice" is one that is a natural or normal quality of the goods being shipped. For example, it is an inherent vice of flour to shrink and lose weight over time, of oil-laden rags to generate heat, of metal to rust and of certain chemicals to undergo exothermic changes.

A generally accepted definition of "Inherent Vice" in the shipment of marine cargo cases is the unfitness of the contents to "withstand the ordinary incidents of the voyage, given the degree of care which the ship-owner is required by the contract to exercise in relation to the contents". The Supreme Court of the United States also gave the following definition of inherent vice: "any existing defects, diseases, decay or the inherent nature of the commodity which will cause it to deteriorate with a lapse of time". Another previous American decision referred to an inherent defect as one "that would turn the good cargo into defective cargo no matter how carefully the contents were handled en route".

The order of proof regarding claims involving any hidden defect or any inherent vice follows the normal rules of order and burden of proof regarding any marine cargo claim:

1. The claimant (vessel owner) must prove it has sustained a loss.
2. The claimant must prove the cause of the loss, then use due diligence to make the ship seaworthy and prove that an inherent vice or hidden defect was most likely the cause during shipment.
3. The claimant then must prove lack of proper care regarding packing and marking of cargo contents by the responsible party.
4. Each party must also provide proof in support of other arguments discovered during the investigation.

BILL OF LADING

One powerful document that can be used to verify dangerous and/or questionable cargo contents is the Bill of Lading. The Bill of Lading in ocean transport may also be referred to as a Transport Document. The Bill of Lading serves as a receipt for goods, a document of title to the goods, and evidence that a contract to ship the goods exists between the shipper and the carrier.

On the typical Bill of Lading, the document contains a "Description of Packages and Goods" section which must be filled out. It is here that any dangerous and/or any potentially dangerous cargo can be identified.

Vendors and their subcontractors are responsible for ensuring that cargo is prepared for shipment throughout its entire journey in compliance with relevant guidelines. Cargo Summary Tickets and/or the Bill of Lading must be fully completed at the start of the cargo's journey. The Cargo Summary Ticket(s) must be completed and signed by the person responsible, at the vendor's premises, for packing and preparing the cargo for its journey.

Where there are multiple truckloads, one copy is to accompany each truck with the "relevant contents" items highlighted. Vendors and their subcontractors must also ensure that all applicable documentation accompanies the shipment.

While educating the client base, the issues of labeling, marking, documentation and storage should be addressed. During the labeling, marking and documentation process, vendors may actually learn that what they considered to be scrap cargo was actually Hazardous Materials, which, of course, would fall under the Dangerous Goods category.

RESPONSIBILITIES OF PARTIES

When shipping dangerous goods drivers and shippers must:

1. Keep the written information about the dangerous cargo readily available throughout the journey.
2. Ensure precautions are available against fire, explosion or any other incident throughout the journey. This includes checking the fire extinguishers, normally on a daily basis.
3. Ensure appropriate hazard warning placards are available, accessible and legible.
4. Attach the required labels and warning placards, and ensure loads are properly secured on the vehicle.

Every person responsible for packing dangerous goods to be carried by ship should ensure that:

1. Any part of the packaging that may be in contact with the goods is made of material that remains chemically stable and does not react dangerously to the goods;
2. The packaging is so constructed and closed that no leaking of the dangerous goods can occur during normal conditions of handling or transport or as a result of changes in temperature, humidity or air pressure except through vents.
3. All residues pertaining to the current product as well as from previous product(s) are properly purged from the container before shipment; and,
4. Proper documentation of the paperwork and exterior marking of the container is performed.

Potentially dangerous containers should be placed in an open air, above deck area where fire crews can have readily available access in order to initiate fire fighting procedures if needed.

A container placed inside of the hold or lower hull, will undoubtedly hamper fire fighting activities, but place the vessel in greater jeopardy as well. Fire has a normal tendency to burn upward and outward, therefore, any burning cargo container placed down low, has the potential to consume and/or destroy anything above and/or adjacent to it.

CONCLUSION

In summary, there are four basic steps that must be performed to ensure cargo safety:

1. First and foremost, a complete description of the contents should be provided in order to verify any potential hazards whenever the cargo is loaded.
2. The cargo should be correctly labeled and the container properly marked on the exterior identifying it as containing potentially dangerous goods.
3. Any cargo container carrying potentially dangerous goods should be properly stored and secured above deck(s).
4. All guidelines provided by the IMO, International Maritime Dangerous Goods Code should be followed and respected in order to ensure the safety of all parties.

Note: Most of the terms and definitions used in this article were collected from the IMO, International Marine Dangerous Goods Code.

Loren M. Griswold, CFI, CFEI, Senior Fire & Explosion Investigator with The Warren Group is a Certified Fire Investigator (International Association of Arson Investigators) as well as a Certified Fire & Explosion Investigator (National Association of Fire Investigators). Loren has 22 years experience involving fires and explosions which includes origin and cause investigations, arson investigations, firefighting, fire inspections and fire education training as well as law enforcement and criminal investigations.

He has investigated the origin and cause of fires and explosions regarding ocean going vessels, motor yachts, marinas and marine cargo containers inside and outside of the United States. He also has instructed classes for the Insurance and Marine Industry on Marine Fire Investigations including subrogation, electrical evaluation, mechanical evaluation, report writing, expert retention, government assistance and interviewing techniques.

Loren is available for consultation regarding marine cargo safety as well as the preparation of protocols regarding the IMO recommended guidelines. He can be reached at:

Loren M. Griswold, CFI, CFEI
Senior Fire & Explosion Investigator
The Warren Group
PO Box 2500, Clarkesville, GA 30523
706-839-1468
loren@warren-group.com