cont'd from pg 7
Incompetence vs Negligence For example, with proper training and instruction the seafarer will understand the ship and its systems, and acquire the necessary ability to perform the particular task required. When looking at incompetence therefore, all these matters need to be considered. 1.4 Negligence and Incompetence Compared The dividing line between negligence and incompetence can at times be a very fine one. In simple terms, a seafarer will be negligent where he is competent to perform the task or duty in question but fails on a particular occasion to meet the required standard of care. A seafarer will be incompetent however, where he does not possess the necessary skills for any of the reasons discussed above, (be it a lack of ability, a lack of adequate training and instruction, a lack of knowledge of the ship and its systems, a disinclination to perform his duties properly, or incapacity) so that he will always fail to meet the required standard of care in carrying out the task or duty in question. Incompetent crew can render
a ship unseaworthy and where, with the exercise of due diligence, the ship owner could have discovered or corrected the incompetence, or found properly qualified and competent crew he risks losing any potential defenses which may be available to him under the terms of the contract of carriage. Case Study 1: The Makedonia [1962] 1 Lloyd's Rep. 316 The Makedonia broke down in mid-Atlantic because of contamination of her fuel oil and a lack of feed water for her boilers. Professional salvors towed her to the Azores. The cargo owners settled their proportion of the salvage award and then sought an indemnity from the ship owners, and a declaration that they were not required to contribute anything in general average. The fuel oil in one of the bunker tanks became contaminated by water from a broken heating coil. The ship had taken on fresh bunkers at Bilbao and although there were still sufficient bunkers on board the chief engineer was so badly working the other tanks that the ship developed a list and several of the tanks then became unpumpable. The evidence suggested the valves for 3 of the port side bunker tanks had been left open after bunkering at Bilbao and never closed. The chief engineer was properly certificated and was employed after a short interview and an examination of his seaman's book as he had more year's sea service than the other applicant for the post. The chief engineer was negligent but was he incompetent? Mr. Justice Hewson thought so and held: “..you cannot convert casual negligence into inefficiency by simply substituting one word for
another. There is a wide gulf between the two and it must be crossed before casual negligence becomes inefficiency sufficient to support a charge of improper manning. After reviewing all the circumstances of this unhappy voyage I conclude that this chief engineer and his second engineer, upon whom rested the real responsibility for matters concerning the engine room, were inefficient. This inefficiency was the direct cause of the contamination of fuel at Balboa and the subsequent contamination of the fuel in the tanks…” But had the ship owners nevertheless exercised due diligence is selecting the chief engineer? After all, he was properly certificated and experienced. Mr. Justice Hewson thought not , holding: “..there is a high probability that the engagement of (name) as chief engineer…was carried out in the most perfunctory manner….I confess to surprise when Captain (name) told me that he took the same time to engage a Chief Engineer as likely to the time to engage an Oiler - five minutes.” He went on to say: “I cannot imagine anything more damning than a report from a previous owner that he had 'nothing against him.' If nothing confidential is forthcoming the man should be interviewed until the interviewer is reasonably satisfied about him and, if he is not satisfied, he should reject him. Such important appointments to such responsible positions call for a proper interviewing and a proper inquiry. I am left completely unsatisfied that the necessary steps were taken and the necessary inquiries made to discover the record and competence of this chief engineer.”
cont'd from pg 2
Oily Water Separators & Port State Automation, alarms, leds & lamps, indicators and pressure gauges must be safely attached, clearly labeled and in operating condition . -Overhauling & cleaning of Primary separation column Pressure drop across the filter may rise due to accumulation of sludge and other foreign substances. Open, clean or replace filters as per manufacturer's instructions. Follow closely the overhauling procedures specified in the manufacturer's operation manual. Always keep onboard a spare set of filters. - Overhauling & Cleaning of Secondary separation column Pressure drop in filtering stage may be increased by suspended liquids contained in bilge. If the pressure difference exceeds the normal pressure operating conditions as observed on the attached pressure
gauges clean the fine filter or coalesce arrangement. -Maintain internal coating condition. During overhauling pay attention to verify intact condition of internal coating. If any breakdowns, corrosion, or erosion is observed you must reapply and ensure good coating condition of the internals. Consult instruction manual for using the correct paint. -Ensure operating condition of Oil Content Monitor Control Unit Verify the proper operating condition of oil content monitor control unit. The unit comprises a set of optical sensors that measure the level of scattered and absorbed light in the sample steam. If the oil content is above 15 ppm the oil-water separator activates the following systems: a. Bilge Pump stop-alarm b. Re-circulation on alarm with a pneumatic solenoid valve which energizes or de-energizes a pneumatically operated 3-way valve.
- pg 14 -
Test your system and verify the correct response of the automation when 15 ppm alarm comes on. Note that in the event of an alarm condition the process of discharging bilge water is halted and it may be impossible to restart the process without first flushing with clean water. This condition may lead to deficiencies during surveys if adequate flushing is not performed. -Three Way Solenoid valve This valve is controlled by a signal from the Oil Content Monitor Control Unit and is installed before the overboard valve in such a way that when the oil content is greater than 15 ppm the outlet from OWS is directed to bilge tank. Ensure that the valve is operating properly and the time required for closing is same with that specified in the instruction manual. -Type approval certificates Ensure that type approval certificates for