Past few years have experienced large number of catastrophic fires on board ships mostly due to mis declared and undeclared dangerous goods. Most of the cases involving leakage, fires, cargo damage is identified to undeclared, mis declared or poorly packed containers. Some of the vessels which had major fires in the year 2019 are Yantian Express, APL Vancouver, E.R. Kobe, Grande America, KMTC Hong Kong, APL Le Havre.

Jan 2020 vessel COSCO Pacific while she was en route from Port Klang to India had a major fire which started in a container packed with lithium batteries declared as spare parts. Investigations are going on in various cases and almost all points to misdeclared and poorly consigned dangerous goods as the source. Certain shipping lines have started penalizing misdeclared or undeclared shipments if same is caught in an incident or inspection.

There are 3 types of shippers and 3 types of dangerous goods

Shippers

1. Compliant with IMDG Code
2. Ignorant, lesser compliant hence may offer some goods as non-dangerous or mis-declared
3. Fraudulent Wilfully falsify information and offer dangerous goods as non-dangerous

Dangerous goods

1. Compliant to the code
2. Misdeclared dangerous goods
3. Undeclared dangerous goods

Types 2 & 3 in both cases may cause accidents out at sea

Mis declared or Undeclared dangerous goods

“Mis‐declared: Containers presented for shipment where an item or items of Dangerous Goods are not declared correctly, including but not limited to where offered on a fraudulent basis.” “Undeclared: Cargo presented for shipment as non‐dangerous goods which should have been declared as Dangerous Goods and/or not all Dangerous Goods items in the containers are declared, including but not limited to where offered as non‐dangerous goods on a fraudulent basis.”

CINS

Falsifying through special provisions

One of the ways certain shippers falsify or mis declare is by wrongly using certain special provisions in IMDG Code which exempt certain goods as not subject to the Code. One example is charcoal. A correctly consigned dangerous goods accompanied with the declaration enable the carrier to stow the cargo (CTU) in accordance with stowage requirements set out in IMDG Code. Germany’s Federal Bureau of Maritime Casualty Investigation (BSU) identify coconut charcoal as the source of fire on vessel Yantian Express On 3 January 2019.

Increased ship size and increased threat

In the last decade we have witnessed the size of ships increasing many folds but has the ability to fight fire on board ships improved? This is being debated by many stake holders. International Union of Marine Insurance (IUMI) says “It is clear that current SOLAS regulations are not adequate in considering the size of the modern ultra-large ships and the complexities of fighting fire aboard these vessels”

Penalties

When a port state observes infringement of provisions of IMDG Code they will penalize the master of the vessel under SOLAS and MARPOL conventions. SOLAS Chapter VII Part A Regulation 3 says “The carriage of dangerous goods in packaged form shall be in compliance with the relevant provisions of the IMDG Code.”  MARPOL Annex III Regulation 2 says “The carriage of harmful substances is prohibited, except in accordance with the provisions of this Annex.”

Port states who observes infringement of IMDG Code will inform such infringements to the competent authority from whose territory the cargo was originated. Some container lines will start imposing penalty to shippers who mis declare dangerous goods. Evergreen US$ 35,000 Hapag Lloyd and HMM US$ 15,000.

Regulations

International Maritime Dangerous Goods (IMDG) Code is the mandatory regulations for carriage of dangerous goods by sea. The Code became mandatory from 1^st January 2004. IMDG Code 39-18 became mandatory from 1st January 2020. IMDG Code 40-20 will be published in 2020 and may be used from 2021 onwards before it become mandatory from 2022.

Training

IMDG Code training for shore side personnel became mandatory from 1^st January 2010. Training is to ensure that the stakeholders understand the danger involved in the cargo and how to comply with the Code for minimizing potential accidents and incidents during transport. Training will assist all departments such as QC, Production, Despatch, Logistics, Fire & Safety to understand Safe Transport Regulations from production to packing of container to receipt of cargo by consignee.

Responsibilities in IMDG Code

What are the responsibilities of the shipper?

The best way to understand shipper’s responsibility is by reading the “SHIPPER’S DECLARATION” in dangerous goods declaration quoted below

“I hereby declare that the contents of this consignment are fully and accurately described below by the Proper Shipping Name, and are classified, packaged, marked and labelled/placarded and are in all respects in proper condition for transport according to the applicable international and national governmental regulations.”

IMDG CODE chapter 5.4 DGD

5 Important Steps for Shipping Dangerous Goods by Sea

1. Classify dangerous Goods

First step is to classify the goods under the criteria of IMDG Code. Chapter 2.0 of IMDG Code lays down general provisions of classification, chapters 2.1 to 2.9 are specific criteria for classification of goods under Class 1 to Class 9 and chapter 10 for marine pollutants.

Consignor means any person, organization or Government which prepares a consignment for transport. Shipper has the same meaning as consignor. IMDG Code section 2.0.0.1 places the responsibility of classification on shipper/consignor “The classification shall be made by the shipper/consignor or by the appropriate competent authority where specified in IMDG Code.”

Competent Authority is responsible for explosives, certain self-reactive substances and organic peroxides which are currently not authorized for transport.  For all other dangerous goods classification is the responsibility of shipper/consignor

Classification includes assignment of UN Number, proper shipping name, technical name (when required) and Packing Group. Most transported dangerous goods are already assigned to specific UN Number and packing group which can be found in the Alphabetical index of IMDG Code. For the selection of appropriate packaging dangerous goods substances are divided into packing groups

• Packing Group I: high danger
• Packing Group II: medium danger
• Packing Group III: low danger

Classes 1, 2, 5.2, 6.2, 7 and self-reactive substances of class 4.1 and articles are not assigned to packing groups.

UN Manual of Tests and Criteria, 7^th edition sets out the test procedures for determining whether the goods are dangerous, packing groups and compatibility groups for explosives. Further these criteria meet the classification and assignment of packing group as set out in Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

A mistake made in classification may change the UN Number, packing group or proper shipping name which can cause wrong stowage on board ships and wrong application of emergency response thus endangering lives at sea.

Personnel involved in classifying dangerous goods and assigning proper shipping name must be trained in:

• –     the structure of the description of substances
• –     the classes of dangerous goods and the principles of their classification
• –     the nature of the dangerous substances and articles transported (their physical, chemical and toxicological properties)
• –     the procedure for classifying solutions and mixtures
• –     identification by proper shipping name
• –     use of Dangerous Goods List

2. Pack dangerous goods

Options of packaging are listed through Packing, IBC and Tank instructions. These instructions provide a wide range in size and types of packaging from smallest to largest, IBCs and tanks. Depending on the packing group maximum quantity permitted in specific packages or type of IBCs or Tanks may differ. Certain goods when packed in plastics packages will differ in stowage category on board vessel. Requirements for testing of packages are laid down in chapter 6 of IMDG Code.

Personnel involved in packing of dangerous goods must be trained in:

• –     Classes
• –     Packaging requirements
• –     type of packages (IBC, large packaging, tank container and bulk container)
• –     UN marking for approved packaging
• –     segregation requirements
• –     limited quantities and excepted quantities
• –     Marking and labelling
• –     First aid measures
• –     Emergency response procedures
• –     Safe handling procedures

3.   Mark, label or placard dangerous goods

Every package of dangerous goods must be marked and labelled. Marking includes UN Number, Proper Shipping Name, Technical name (when assigned with special provision 274), Marine Pollutant mark. Labels of Class and Subsidiary Hazards must be affixed next to the marks. Special provisions may require additional label or dispense a label which need to be considered. Consignment of dangerous goods in Limited Quantities or Excepted Quantities have different marking requirements which are laid down in chapters 3.4 and 3.5 of IMDG Code respectively.  

GHS Labels

When a package is marked & labelled according to IMDG Code it may also require GHS label. When applying GHS labels, it must be borne in mind that;

• GHS Pictograms not required by IMDG Code must not be displayed independently but must only appear as part of complete GHS Label.
• The GHS hazard pictograms, signal word and hazard/precautionary statements should be displayed together on the GHS label.
• According to GHS 7th Revised Edition when a package displays IMDG CODE label(s) GHS pictogram of same hazard should not be applied.
• GHS Pictograms not required by transport regulations should not be affixed on freight containers, road vehicles or railway wagons/tanks.

Personnel involved in marking Labeling of dangerous goods packages or Placarding the cargo transport units must be trained in:

• –     Classes
• –     Marking, labelling and placarding requirements
• –     primary and subsidiary hazard labels
• –     marine pollutants
• –     limited quantities and excepted quantities

4.   Load/ Unload Cargo Transport Unit

Chapter 7.3 of IMDG Code contains the provisions appropriate to those responsible for packing of dangerous goods into cargo transport units. Segregation provisions of Chapter 7.2 must be adhered to when multiple dangerous goods are packed into same container. When liquid dangerous goods are filled into tank containers degree of filling as prescribed in chapter 4.2 must be taken into consideration. Guidelines for packing a container can be found in UNECE CTU Code. Personnel involved in packing of container must be trained in performing this function. Most of the cargo damages and fires are originated by dangerous goods poorly packed in containers.

Improper or careless packing of cargoes into/onto cargo transport units, or lack of proper blocking, bracing and lashing, may be the cause of personnel injury when they are handled or transported. In addition, serious and costly damage may occur to the cargo or to the equipment.

“The person who packs and secures cargo into/onto the cargo transport unit (CTU) may be the last person to look inside the unit until it is opened at its final destination. Consequently, a great many people in the transport chain will rely on the skill of such persons, including:

• road vehicle drivers and other road users when the unit is transported by road;
• rail workers, and others, when the unit is transported by rail;
• crew members of inland waterway vessels when the unit is transported on inland waterways;
• handling staff at terminals when the unit is transferred from one transport mode to another;
• dock workers when the unit is loaded or unloaded;
• crew members of a seagoing ship during the transport operation;
• those who have a statutory duty to inspect cargoes; and
• those who unpack the unit.

All persons, such as the above, passengers and the public, may be at risk from a poorly packed freight container, swap body or vehicle.” [Source CTU Code 2014]

Personnel involved in Loading/unloading cargo transport units must be trained in:

• –     Documentation
• –     Classes
• –     Marking, labelling and placarding
• –     Stowage requirements, where applicable
• –     Segregation requirements
• –     Cargo securing requirements (as contained in the
• –     CTU Code)
• –     Emergency response procedures
• –     First aid measures
• –     CSC requirements
• –     Safe handling procedures

5.   Prepare Transport Document

Once the doors of container are closed no one can see what is inside the box. No one knows what’s inside the box other than the party packed it. Information contained in dangerous goods declaration is the final words which determine correct stowage and segregation on board ships.  Incorrectly prepared dangerous goods declaration can end up placing the container in wrong stowage location jeopardizing safety of life at sea.

Chapter 5.4 of IMDG Code lays down the criteria for declaring dangerous goods to carrier. Shipper and packer have different responsibilities which will be combined when shipper himself is packing the container.

Below are the legal declarations of Shipper and Packer of dangerous goods.

SHIPPER’S DECLARATION

CONTAINER/VEHICLE PACKING CERTIFICATE

Container/Vehicle packing certificate certifies:

• The container/vehicle was clean, dry and apparently fit to receive the goods.
• If the consignments include goods of class 1, other than division 1.4, the container is structurally serviceable.
• No incompatible goods have been packed into the container/vehicle unless specially authorised by the Competent Authority.
• All packages have been externally inspected for damage and only sound packages packed.
• Drums have been stowed in an upright position, unless otherwise authorised by the Competent Authority.
• All packages have been properly packed and secured in the container/vehicle.
• When materials are transported in bulk packagings the cargo has been evenly distributed in the container/vehicle.
• The packages and the container/vehicle have been properly marked, labelled and placarded.  Any irrelevant mark, labels and placards have been removed.
• When solid carbon dioxide (CO2 – dry ice) is used for cooling purposes, the vehicle or freight container is externally marked or labelled in a conspicuous place, e.g. at the door end, with the words:  DANGEROUS CO2 GAS (DRY ICE) INSIDE – VENTILATE THOROUGHLY BEFORE ENTERING.
• When this Dangerous Goods Form is used as a container/vehicle packing certificate only, not a combined document, a dangerous goods declaration signed by the shipper or supplier must have been issued/received to cover each dangerous goods consignment packed in the container.

Note:    The container packing certificate is not required for tanks

Personnel involved in preparing transport documents for dangerous goods must be trained in:

• –     transport document
• –     container/vehicle packing certificate
• –     competent authorities’ approval
• –     waste transport documentation
• –     special documentation, where appropriate

Are the shippers and other stakeholders keeping up the pace to changing regulations?

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