Vessel crew conducting cargo handling duties in breach of Australian Navigation Act 2012

Concern in relation to vessel crew conducting cargo handling duties in breach of Australian Navigation Act 2012.

In relation to how [Operator] manages the following safety concerns, [Operator] advises as follows:

Safety Concern 1

The reporter states, seafarers operating on [Operator] cargo vessels are employed in handling cargo in connection with the loading or unloading as part of their shipboard duty in every single cargo operation. The vessels conduct up to [x] cargo operations weekly. Vessel crews are engaged in handling containerised cargo as part of their cargo watch duty.

Response

Currently, and as a general proposition, cargo operations at [Operator] are completed by shoreside staff as per the Navigation Act 2012 s.94. However, and whilst they are not employed in connection with the loading or unloading of the vessel, seafarers are required to assist throughout the cargo operations to ensure vessel stability and the safety of all crew. The assistance in this case includes the officers ensuring the containers are loaded in accordance with the vessel stability program and placed in the correct position by directing the shoreside staff where to load the containers.

At [Operator's] remote locations where shoreside crew is not available, seafarers are required to assist with the cargo operations, this includes container movements. This is in accordance with the Navigation Act 2012 s.94 {l)(b) if sufficient shore labour is not available, other than in accordance with any requirements prescribed by the regulations.

[Operator] also takes additional measures to ensure that all staff including seafarers involved in cargo operations are trained and competent. For example, crane operators are trained and competent to operate and hold the relevant High Risk Work licence and other training provided includes dogging and rigging.

Safety Concern 2

The reporter states, this is not a case-by-case scenario where there is insufficient shore labour, it is a business strategy to save stevedoring costs. The reporter believes the Masters of the concerned vessels do not notify AMSA when engaging seafarers to handle cargo in connection with the loading or unloading as required by the Navigation Act 2012 5.94 and AMSA Marine Order 32 5.10.

Response

In the case that shoreside staff are unavailable for deck cargo operations due to the remoteness of the [Operator] operation, [Operator] ensures that it complies with Marine Order 32, section 10.

AMSA have granted [Operator] an exemption for the use of seafarers in relation to the [vessel], a regulated Australian vessel. (Copy of exemption supplied to ATSB). This exemption was communicated through to the [Position title]. The exemption has been effective since [date] and the team has been made aware of the exemption.

Please note that [Operator] has been in regular contact with AMSA regarding this and has not received any infringements from AMSA for using seafarers in cargo operations when there are insufficient shoreside workers (Navigation Act s.94 or Marine Order 32 s.10).

Safety Concern 3

The reporter advises cargo handling duties conducted by seafarers onboard [Operator] cargo vessels include:

1. handling containers during loading/unloading including manually placing them on securing pins
2. direct handling of cargo lifting appliances during loading/unloading
3. operation of cell lift during cargo operations using manual tag lines or robotic cell lift controller
4. occasionally operating cranes
5. fastening twist lock on hanging container at jetty side and on-board during lifting of containers
6. shackling/unshackling heavy lifts to the slings during cargo operation
7. dogging crane drivers.

Response

As already stated, [Operator] complies with the requirements of the Navigation Act s.94 and Marine Order 32 s.10. All seafarers involved are trained and competent, with [Operator] conducting verification of competencies to ensure these activities are carried out safely.

Regarding items 3 and 4, [Operator] employs a crane operator and a cell lift operator at each remote location. Seafarers do not participate in these activities.