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Contractual regulations of repair works and personal injury prevention

Contractual regulations of repair works and personal injury prevention. Ernesto Ardia S L L studio legale lauro. LAW AND RECOMMENDATIONS ILO and IMO instruments, guidelines, resolutions and publications 2006 MLC as amended at the Geneva Conference ISM CODE.

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Contractual regulations of repair works and personal injury prevention

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  1. Contractual regulations of repair works and personal injury prevention Ernesto Ardia SLL studio legale lauro SHIPPING and the LAW 2014

  2. LAW AND RECOMMENDATIONS • ILO and IMO instruments, guidelines, resolutions and publications • 2006 MLC as amended at the Geneva Conference • ISM CODE Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  3. not just crewmembers, passengers, stevedores ship repairers temporarily on board to cope with afloat repairs and lay-up services Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  4. shiprepairing is an intrinsically hazardous operation this sector has a high rate of accidents, and workers are exposed to multiple risks the situation can be exasperated by the fact that during the repair period a number of ship’s systems may be out of operation to a large extent In ordinary conditions (both at sea and in port) the Owners are responsible for the safety (Safety Management System) DAMAGE COVERAGE • ship repairers liability insurance • P&I cover Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  5. Some Most Common Life-Threatening Accidents On Board Ships • enclosed space accidents • electrical shock accidents • fire from welding, grinding, and cutting metal with torches • scaffoldings/falling from heights • hot work in tanks with explosive or toxic fumes • equipment failure/getting crushed Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  6. CAUSES • LACK OF KNOWLEGDGE • INADEQUATE TRAINING • INCOMPLETE UNDERSTANDING OF SHIP OR OF SHIP PROCEDURES • NON-ADHERENCE TO PROCEDURES • LACK OF FORESIGHT • TAKING OF UNNECESSARY RISKS, OFTEN EVEN IN QUITE SIMPLE OPERATIONS Contractual regulations of repairworks and personal injuryprevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  7. WHAT TO DO take all initial steps to secure as much information as possible • Matters to be investigated (Take photographs as soon as possible!!)  • Details of the activities at the time of the accident.  • Positioning of workers, Details of the Work in Progress and Position of any Equipment that influenced the accident  • The Name, Age, and Address of the Eyewitness.  • If no eyewitness, the Position, Name, Age, and Address of workers who had been working near the scene  • Conditions of any Gear Related to the Accident.  • The Name, Age, Where and When injured, and the extent of the injury. • Liaising with Maritime and Criminal Authorities. Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  8. IS THERE ANY WAY FOR SHIPOWNERS AND SHIP REPAIRERS TO COOPERATE EACH OTHER IN ORDER TO PREVENT INJURIES/DEATHS? Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  9. Owners may require as mandatory to tender out repairing of their vessels • documentation of a Health Safety and Environment standards • Special safety requirements to be included in contract specifications • Safety meetings on board before commencing repairs • to draft a “format” wherein the Master and the shiprepairers exchange relevant info concerning: - the area where repairs should be carried out - who is doing the work - the expected duration Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

  10. SAFETY DURING REPAIRS NEEDS THE COMBINED EFFORT OF TWO PARTIES the shiprepairing company and the ship what is crucial to ensure that safety is maintained during the repairs? • conversant with each other systems and requirements • all works are coordinated • continuous communication Contractual regulations of repair works and personal injury prevention SHIPPING and the LAW 2014 SLL Ernesto Ardia

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