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10 Appendices

the pre-arrival walk through. To complete the turnover Often times, the charter agreement allocates responsibilities

process, upon arrival in port, the chief mate could present for cargo stowage to the charterer “under the Master’s
the checklist to the stevedore foreman, and the two could supervision,” and sometimes the vessel owner and charterer

walk the vessel where the stevedores will work noting any have entered into an Inter-Club Agreement, or incorporated

areas of concern.it by reference into the charter. These arrangements may
If the vessel provides any equipment employed during affect how a case brought by the stevedore against both

stevedore work, for example, twist locks, lashing chains, the shipowner and charterer will be defended, but do not

hooks, etc., such equipment should be regularly inspected, necessarily alter whether the stevedore may bring suit
serviced, and replaced as necessary, with documentation against both parties in the irst instance. To avoid assisting

provided (or perhaps at least made available) to the the stevedore by pointing ingers at each other, it is

stevedores evidencing the condition of such equipment at important at the inception of such a suit, to work out the
the start of stevedore operations.defence arrangements between shipowner and charterer if

at all possible. The shipowner’s duty to intervene does not

extend to open and obvious transitory conditions:
2. The ‘Active Control Duty’1. created entirely by the stevedore

The ‘Active Control Duty’ is breached if the shipowner 2. under its control, or

“actively involves itself in the cargo operations and 3. relating wholly to the stevedore’s own gear and
negligently injures a stevedore” or “if it fails to exercise due operations

care to avoid exposing stevedores to harm from hazards they

may encounter in areas, or from equipment, under the active
control of the vessel during the stevedoring operation.Summary

In summary, while the stevedoring company is purportedly
Preventative measuresthe party primarily responsible for the safety of the

Before stevedore activities commence, the Master or Chief stevedore in the USA, in the event of an accident resulting

Mate may wish to instruct the crew to stay completely clear in personal injury or death, owners face considerable liability
exposure should the vessel breach one of the three Scindia
of loading or unloading operations, leaving such work to
the stevedore gangs. By doing so, shipowners may avoid the duties (Turnover, Active Control, or Duty to Intervene),

‘Active Control Duty’ in its entirety.especially because any liability of the stevedore company is
attributable to the culpable defendant(s) under U.S. maritime

law. The best method to obviate such liability is to institute
3. The ‘Duty to Intervene’
regular procedures to satisfy or avoid breaching these
duties: inspect vessel equipment and spaces; document any
Lastly, under the ‘Duty to Intervene’, a shipowner owes
a duty to intervene if “contract provision, positive law,potentially hazardous conditions; convey this information to

or custom” dictates “by way of supervision or inspection the stevedore prior to commencing cargo operations; stay
out of active cargo operations; and service and inspect the
[that the shipowner] exercise reasonable care to discover
dangerous conditions that develop within the conines of the ship’s cranes regularly.

cargo operations that are assigned to the stevedore.”
The ‘Duty to Intervene’ may be implicated if the Master

or Chief Oficer is contractually obligated to supervise Preventative measures speciic for USA

cargo operations, or if vessel equipment used during such •The Master or Chief Oficer may wish to instruct the
operations is not operating properly, for example, ship’s
crew to stay completely clear of loading or unloading
winches or cranes.operations, leaving such work to the stevedore gangs so

the ‘Active Control Duty’ is not breached.
Preventative measures
•The ‘Duty to Intervene’ may be implicated if the Master
Numerous accidents have occurred over the years or Chief Oficer is contractually obligated to supervise

involving vessel cranes while operated by stevedores. cargo operations, or if vessel equipment used during such
Generally, such cases have involved the failure to properly
operations is not operating properly, for example, ship’s
maintain crane components and equipment in good winches or cranes.

operating order. Shipowners should consider tasking their
technical superintendents to ensure that ship’s cranes are

regularly inspected and serviced, and current on all class

certiications.

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