5.3. Personnel management, organisation and training Flashcards

1
Q

(a) Demonstrate knowledge of STCW Convention and ICF/ISF Code of good management practice

A

♣ STCW Code – Seafarer’s Training, Certification and Watchkeeping Code, 1995, as amended in 1997, 1998, 2000 & the “The Manila amendments”Came into effect on the1 January 2012

♣ Sets internationally accepted minimum standards for training and certification of seafarers including masters, officers and ratings and also sets standards for watchkeeping at sea.

♣ The IMO White Paper was formed, which consisted of a list of training centres in all countries that maintained maritime education, training and certification in accordance with the requirements of STCW 95.

♣ Consists of:
Part A, mandatory provisions regarding minimum standards to be maintained by signatories.
Part B, guidance on implementation.

♣ STCW sets about improving training and watchkeeping standards, and makes simulator training mandatory in the use of Radar and ARPA.

STCW requires that all personnel on a ship familiarize themselves with the following:
a) Their duties and responsibilities, including those in
emergency situations such as fire, medical
emergencies and lifesaving.
b) Shipboard arrangements and equipment location.
c) Installations onboard related to their work. (FiFi,
Engineering.)
d) Equipment procedures and ship characteristics.
e) Routine duties. (Lookout, GMDSS)
f) Section B – I / 14 refers.

Shipping companies are also tasked with the responsibility of issuing a written set of procedures and policies that include:
- Allocation of a reasonable period of time for a new
crewmember to familiarize himself with specific
equipment he will be using and ship-specific
watchkeeping, safety, environmental protection and
emergency procedures/ arrangements that will allow
him to perform his duties properly.
- Designation of a knowledgeable crew member who will
be responsible for ensuring the new crew member
receives instruction in the above information.
(Safety Officer)

Hours of Rest:
♣ STCW sets the minimum hours of rest required for all seafarers, and requires that a record is kept detailing the hours of work and rest for each person onboard a ship. (Retained onboard for 6 months)
a) All personnel are to have a minimum of 10 hours of
rest in a 24 hour period.
b) The 10 hours may be divided into two periods, one of
which may not be less than 6 hours long.
c) The requirements in (a) and (b) need not be
maintained in the case of an emergency or drill or in
other overriding operational conditions.
d) This may be reduced to 6 consecutive hours, but for
no longer than 2 consecutive days.
Not less than 70 hours must be provided in each
seven-day period.
e) Watchkeeping schedules must be posted in
accessible areas on the ship.

Section B – VIII / 1 – Prevention of fatigue.
In observing rest periods, “overriding operational conditions” should only mean essential shipboard work which cannot be delayed for safety or environmental reasons or which could not have been reasonably anticipated at the commencement of the voyage.

It should also not be interpreted as implying that all hours not covered by the rest periods should be devoted to watchkeeping or other duties.

Part A Chapters:
1.	General Provisions
2.	Master and Deck Department
3.	Engine Department
4.	Radio Personnel
5.	Special Training for Personnel on Certain Types of 
        Ships
6.	Emergency, Occupational, Medical Care and Survival 
        Functions
7.	Alternative Certification
8.	Watchkeeping

Revised STCW Convention and Code adopted at the Manila Conference
The amendments, to be known as“The Manila amendments to the STCW Convention and Code”entered into force on 1 January 2012
Amongst the amendments adopted, there are a number of important changes to each chapter of the Convention and Code, including:
• Improved measures to prevent fraudulent practices
associated with certificates of competency and
strengthen the evaluation process (monitoring of
Parties’ compliance with the Convention);
• Revisedrequirements on hours of work and rest and
new requirements for the prevention of drug and
alcohol abuse, as wellas updated standards relating
to medical fitness standards for seafarers;
• Newcertification requirements for able seafarers;
• New requirements relating to training in modern
technology such as electronic charts and information
systems (ECDIS);
• New requirements for marine environment
awareness training and training in leadership and
teamwork;
• New training and certification requirements for
electro-technical officers;
• Updating ofcompetence requirements for personnel
serving on board all types of tankers, including new
requirements for personnel serving on liquefied gas
tankers;
• New requirements for security training, as well
asprovisions to ensure that seafarers are properly
trained to cope if their ship comes under attack by
pirates;
• Introduction of modern training methodology
including distance learning and web-based learning;
• New training guidance for personnel serving on
board ships operating in polar waters; and
• New training guidance for personnel operating
Dynamic Positioning Systems.

New provisions on hours of rest for watchkeepers
New provisions on the issue of“fitness for duty – hours of rest”were agreed by the Manila conference in order to provide watchkeeping officers aboard ships with sufficient rest periods.
Under the Manila Amendments to the STCW Convention, all persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than:
1. a minimum of 10 hours of rest in any 24-hour period; and
2. 77 hours in any 7-day period.
The hours of rest may be divided into no more than two periods, one of which shall be atleast 6hours in length, and the intervals between consecutive periods of rest shall not exceed 14hours.
At the same time, in order to ensure a continued safe operation of ships in exceptional conditions, the Conference unanimously agreed to allow certain exceptions from the above requirements for the rest periods.
Under the exception clause, parties may allow exceptions from the required hours of rest provided that the rest period is not less than 70 hours in any 7‑day period and on certain conditions, namely:
1. such exceptional arrangements shall not be
extended for more than two consecutive weeks;
2. the intervals between two periods of exceptions
shall not be less than twice the duration of the
exception;
3. the hours of rest may be divided into no more than
three periods, one of which shall be at least 6 hours
and none of the other two periods shall be less than
one hour in length;
4. the intervals between consecutive periods of rest
shall not exceed 14 hours; and
5. exceptions shall not extend beyond two 24-hour
periods in any 7-day period.
Exceptions shall, as far as possible, take into account
the guidance regarding prevention of fatigue in
section B-VIII/1.

Based on IMO Briefings 32 and 33/2010 of June 2010

ICF/ISF Code
The first edition of the ICS/ISF Guidelines was published in 1993 as tool to provide a standard resource for those who need to be familiar with ISM,
the revised guidelines take full account of the latest guidance to administrations and companies that has subsequently been developed by IMO.
In particular, additional guidance has been included on the maintenance of Safety Management Systems, which are at the heart of the ISM Codes objectives, and on the role of the designated person ashore who provides the key link between the ship and shore based management.

A new analysis is included of why accidents happen, and expanded advice is provided on risk management and on the operation of a safety culture, in order that companies can fulfil the spirit, as well as the letter, of the ISM Codes requirements.It is important to remember that the full title of the ISM Code is the International Management Code for the Safe Operation of Ships and for Pollution Prevention.

While safety of life at sea must always be the first priority, the important role of the SMS in preventing marine pollution must not be overlooked.
The new edition therefore places additional emphasis on environmental management.
The guidelines also consider the potential for linkage between ISM systems and the need to reduce fuel consumption, using Ship Energy Efficiency Management Plans that have been adopted by IMO, on a voluntary basis, in order to reduce CO2 emissions.
The essential purpose of the ISM Code is to instill a commitment to continuous improvement and the eradication of behavioral complacency.

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2
Q

(b) Demonstrate an understanding of the crew welfare sections of the MSA

A

MERCHANT SHIPPING ACT - To provide for the control of merchant shipping and matters incidental thereto.

DIVISION OF ACT 
PRELIMINARY 
1.	Repeal and amendment of laws 
2.	Definitions and interpretation of certain references 
3.	Application of Act 

CHAPTER I
ADMINISTRATION
Powers of Authority responsible for administration of Act, National Marine Advisory Council, National Advisory Council for the welfare of seamen, port welfare committees and ad hoc advisory committees. Survey complies with the Act, Duty of proper officer to ensure compliance with this Act, Powers of officers and courts
CHAPTER II
RECORDING, REGISTERING AND LICENSING OF SHIPS
Notification of building, Tonnage &licences

CHAPTER III
CERTIFICATES OF COMPETENCY, SERVICE AND QUALIFICATION
What certificated officers and other persons to be employed on certain ships, Examinations for certificates of competency and qualification. record of certificates

  1. The accommodation should be kept in good order.
  2. Complaints of poor food and water standards should
    be addressed, as well as reported in writing.
  3. Obligations in keeping the vessel seaworthy at all
    times.
  4. Expenses of Medical Treatment.
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3
Q

(c) Demonstrate an understanding of Contract of Employment and the legislation regarding engagement and discharge of crew

A

The following information relates to Articles signed when joining/ leaving a Singaporean registered vessel under the control of the Singapore MPA.

The Master signs on to the Crew Agreement.
Principle Clauses in the Crew Agreement:
a)	Voyage Clause
b)	Conduct Clause
c)	Wilful Damage and Embezzlement Clause
d)	De-rating Clause
e)	Complaints Clause
f)	Reimbursement Clause
g)	Notice of Termination
h)	Training Clause 
i)	Scale of Provisions Clause
j)	Load Lines and Deck Line positions.
k)	Disciplinary Clause

A copy of the crew agreement must be signed and placed in an area accessible to all crew onboard.
The law requires that the Crew Agreement must be read out to the individual and any questions answered before signing.

Engagement:
a) Age not less than 18.
b) Valid ENG 1 Medical Certificate.
c) Passport and Seaman’s Discharge Book.
d) Certificate of Competency if required.
e) Vaccinations.
f) Statutory Short Courses (Depends on position.)
g) Check all dates remain valid for the duration of the
contract.
h) Enter relevant details in Crew Agreement.
i) Make an entry into the Official Log Book narrative
section regarding engagement of seaman.
j) Complete MPA_ENG2

Discharge:
a) Make suitable arrangements for repatriation to
home port once relief details obtained.
b) Comply with local immigration arrangements
regarding visas etc.
c) Complete and account of wages.
d) Pay any outstanding cash to seaman.
e) Make a statement in OLB narrative section
regarding discharge of seaman.
f) Sign the Discharge Book and Watchkeeping
Certificate if required.
g) Return all personal documents and details of flights.
h) Seaman signs off in Crew Agreement.
i) Complete MPA_ENG2

Singapore Marine Port Authority requires that an electronic form MPA_ENG2 is filled out and emailed regarding the engagement and discharge of crew on a Singapore registered vessel. The form contains CoC and individuals details, as well as date, time and place of engagement of the individual. This information is checked by the MPA to ensure the vessel remains manned to minimum levels. An email is forwarded to the vessel after details are confirmed to confirm the manning requirements are adhered to.

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4
Q

(d) Describe the seaman’s right to wages and employers duties to pay such wages

A

In accordance with MSA – South Africa:
Foreign-going vessels:
♣ Each seaman who lawfully leaves a ship at the end of a contract shall receive full payment on leaving or a half payment of wages with the balance paid within 2 days.

♣ If the wages are not paid or settled after 2 days they shall continue to run until the time of payment unless the delay is due to:

a) a fault of the seaman.
b) a dispute or liability.

Coastal or Fishing vessels:
♣ Each seaman who lawfully leaves a ship at the end of a contract shall receive full payment on leaving or a half payment of wages with the balance paid within 2 days.

♣ If the Master or owner has not paid the wages within two days he shall pay 2 days wages for every day payment is late for a maximum of 10 days.

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5
Q

(e) Discuss the role of the Master as a manager in respect of planning, delegation and so forth, and their authority and responsibilities.

A

Master’s Responsibilities:
a) Preservation of the safety of the crew and
passengers.
b) Safeguarding of the marine environment.
c) Act as if the ship is his own, uninsured property.
d) Prosecute the voyage with the minimum delay and
expense.
e) Exercise care of the goods entrusted to him and see
that everything possible is done to preserve them
during the voyage.
f) Carry out all that is necessary for the usual
employment of the vessel.
g) Always act in the best interests of the owner.
h) Obey the owner’s lawful instructions.
i) Has the implied duty to maintain the seaworthiness
and good condition of the vessel.
j) Observe all Flag, Port State and Health and Safety
Legislation.
k) Where no medical practitioner is available,
administer medical treatment.
l) As in common law, the master is responsible for the
safety of passengers and may be held personally
liable where this is compromised.

Master’s Authority:
1. The Master has absolute command of the vessel
and full authority over all phases of its operation, at
all times, both in port and at sea.
2. The Master has complete authority and
responsibility for taking all appropriate actions
necessary to protect the safety of life, the ship,
cargo and the environment. This may, in certain
circumstances, mean deviating from documented
procedures.
3. If there is a conflict between any safety and security
requirements of the ship, the Master shall give
effects to those requirements necessary to maintain
the safety of the ship.
4. The delegation of security duties to the SSO does
not absolve the Master of his obligation to exercise
due care and diligence.
5. The Master has the final decision on who is
permitted onboard the vessel, and may detain any
person he feels threatens the safety or security of
the ship or its personnel.
6. The Master has the authority to terminate any
operation that he feels endangers the safety of the
ship and its personnel, and inform his owners as
soon as possible.

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6
Q

(f) Demonstrate knowledge of the concept of modern management practices, motivation of crew, job satisfaction and good communication

A
  1. A person or an entire team who is demoralized will
    not perform their tasks to the best of their abilities, or to standards that maintain the safety of the ship.
  2. The Master must promote good teamwork and effective communications. This will ensure team members are sure of their respective roles onboard the vessel, and the operational requirements that are expected to maintain the safety of the ship.
  3. Team members will be able to see the results of their efforts if they are included in the entire planning and execution of any tasks onboard, which will motivate them to continue to a high standard.
  4. The Master should lead by example, and expect the highest standards from his subordinate officers to ensure the crew are motivated to work to the same level of professionalism.
  5. Any deficiencies should be corrected promptly but not harshly, and credit given where it is due.
  6. The Master should be careful to not reprimand or discipline a team member in front of others as this may cause embarrassment and resentment. Similarly, he should not argue openly with other officers in front of crewmembers nor allow them to question his orders as this undermines his authority.
  7. The Master may delegate the motivation of the crew to the Chief Officer, but he should still maintain an interest in the overall condition of the vessel and the ongoing work to maintain these standards. The crew will perform better if they believe that their work is noticed.
  8. The Master should interact with all members of the team onboard on a daily basis to ensure that he is seen to be part of the team and in charge overall.

When a new officer joins a vessel the issue of discipline should be openly discussed, as well as the expectations that you have of the new member.
Meetings should be held regularly with all bridge officers to assess the operational level of all equipment onboard, these should be held separate from monthly Safety Meetings.

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7
Q

(g) Demonstrate a good understanding of budgets and control of expenditure

A

♣ Most companies will present the Master and Chief Engineer with a 12 month budget for the vessel from which to work.

♣ Monthly comparisons need to be compiled which detail budget against actual expenditure. This allows trends, expenditure which is more than preceding months, as well as areas where spending has been excessive to be easily identified.

♣ Budgets are broken down into various categories, namely:

Crewing Costs

a) Officers Earnings.
b) Ratings Earnings.
c) Overtime.
d) Pension, Medical and Insurance.
e) Recruitment Costs.
f) Crew Travel.
g) Sundry and Cash Expenses (medical, dental etc.)

Storing Costs

a) Provisions.
b) Deck Stores.
c) Engine Stores.
d) Paint.
e) Lubricants.
f) Fresh Water.
g) Cleaning Gear and Laundry.

Maintenance Costs

a) Deck Repairs and Spares.
b) Engine Repairs.
c) Electronics incl. Nav-Aids.
d) Surveys.

Insurance Costs

a) Hull and Machinery.
b) P&I Membership.
c) Insurance (War Risks).
d) Insurance (Loss of Earnings).
e) Deductible Earnings.

Administration Costs

a) Communications.
b) Owners Port Costs.
c) Management Fees.
d) Sundry Expenses.

Annual Dry-docking Allowance

All above costs added together and divided by 365 will give the daily running rate of the vessel.

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8
Q

(h) Resolve typical crew problems relating to articles, other transgressions, contract of employment and penalties under the MSA

A

♣ Issues relating to Articles are solved by contacting the Marine Authority of the country where the vessel is registered. Most companies have crew supplied by an agency, which will have a specific contract signed with the individual prior to his departure for the vessel. Pay rates and date of termination of the contract are determined by these contracts and not by articles as in the past.

♣ Transgressions, depending on their severity will be dealt with according to the companies specific progressive discipline system. Guidelines in the SMS will allow the Master to discipline a crew member using the correct procedure.

♣ Penalties for transgressions can be informal, such as removal of the privilege of shore leave, the extension of working hours (remaining within STCW limits) or termination of an individual’s contract.

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9
Q

(i) Describe procedure for handling crew complaints

A

Complaints with regard to Provisions, Water and Accommodation
♣ The complaint must be in writing.
♣ The nature of the complaint must be clearly stated.
♣ The names of the complainants must be included.
♣ Each named individual must sign the complaint.
♣ The Master must investigate the complaint and seek to rectify it if it is valid as soon as possible.

♣	An entry must be made in the OLB:
a)	Nature of the complaint.
b)	Names of complainants.
c)	Date on which complaint was made.
d)	Findings of investigation.
e)	Remedial action taken.
f)	A follow-up report of an inspection with the 
       complainants.
g)	Entries signed by the Master and a witness.

Complaints with regard to Seaworthiness
♣ The complaint must be in writing.
♣ The nature of the complaint must be clearly stated.
♣ The names and addresses of the complainants must
be included.
♣ Each named individual must date and sign the
complaint.
♣ The complaint must be delivered to the Master and
forwarded to the Proper Officer.

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10
Q

(k) Describe how to conduct a disciplinary hearing and entries in the OLB

A

1) Masters having to take disciplinary action must beforehand:
♣ Seek advice if in any doubt to the actions,
♣ Investigate the circumstances,
♣ Obtain statements,
♣ Obtain witness reports.

2) Advise the employee that they are required to attend a disciplinary hearing, and remind them to their rights of representation.
3) Provide the individual with an opportunity to state their case.
4) Once it has been decided to take action the crew member must be reminded that he may appeal the Master’s decision.

5) If a final written warning has been given, all records should be kept and logged in the OLB, namely:
♣ Name of employee and passport or discharge book
number,
♣ Type of offence and date of occurrence,
♣ Date of hearing,
♣ Names of witnesses,
♣ Name of employee representative,
♣ Conclusion of hearing,
♣ Action taken against employee.

Most vessels will follow a progressive disciplinary system:

The Master must ensure that he does not impose on the employees rights, and ensure attention is given to the required procedures that must be followed to prevent unfair dismissal claims being raised against the owners at a later date. All the below actions are recorded in the OLB:

♣	Verbal warning by supervisor.
♣	First Written Warning.
♣	Second Written Warning.
♣	Notice of Dismissal
♣	Appeal by the offender.
♣	Dismissal

Due Process:
♣ The individual has a right to be heard and possibly
to be represented by another person.
♣ Disciplinary action must be reasonable, taking into
account the nature of the offence and the previous
actions and behaviour of the individual.
♣ The presumption of innocence must be assumed
without reasonable proof.

In certain cases a verbal warning cannot be issued due to the severity of the offence. As outlined in the Articles and in Company SMS Manuals, certain offences may lead to immediate dismissal. These include but are not limited to:
♣ Assault.
♣ Possession of offensive weapons.
♣ Wilful damage to the ship or property onboard.
♣ Disobeying a direct order that relates directly to the
safety of the ship.
♣ Conduct which endangers the ship or persons
onboard.
♣ Possession of drugs or drug paraphernalia onboard
a vessel.

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11
Q

(l) Describe and explain the entries to be made in the OLB

A

Official Section
1. Name of ship, her registry, IMO Number, Official
number.
2. Gross and Net tonnage.
3. Name of Master and Certificate details.
4. Name and address of registered owners.
5. Date and place that logbook was opened and
closed.

Narrative Section
1. List of crew.
2. Record of births and deaths onboard.
3. Record of Musters, Boat Drills, Fire Drills and
inspections of LSA and FFA.
4. Inspections carried out on supplies of food and
water.
5. Load Line and Plimsoll positions.
6. Draft and Freeboard on departure from port, and
date of arrival.
7. Official Log - Narrative entry section regarding:
- Personnel joining or leaving the ship,
- Disciplinary action,
- Details of seamen left behind or AWOL,
- Casualties or incidents,
- Collisions,
- Sighting of ice, derelicts or dangers to navigation and
confirmation of reports sent,
- Notes of Protest and Notices of Readiness,
- Distress or rescue at sea,
- Stowaways found at sea,
- Entries regarding the Master joining the vessel.

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12
Q

(m) Show a knowledge of completing documents such as Discharge Books, Watch- keeping Certificates, Record Books, Overtime and so forth

A

Discharge Book
a) Date and place entered when the individual joins the vessel, as well as the type of voyages the vessel undertakes (coastal or FGN).

b) When signing off, the conduct and ability does not have to be completed anymore, ie VG, G or DR. (Make note in section amsted due to MLC 2006 Regulations.
c) The Master must sign the Discharge Book and affix the ship’s stamp.

Watchkeeping Certificates
a) When a crew member is a watchkeeper, he will
require a watchkeeping certificate as proof of time served onboard a vessel. This is used when making an application for oral examinations to obtain a higher Certificate of Competency at SAMSA.

b) The certificate includes the dates of engagement and leaving, the ship details including tonnage or kW, and the hours of watchkeeping done onboard during the voyage.
c) The Master or Chief Engineer has an opportunity to comment on the individual’s conduct, ability and sobriety during the voyage.

Record Books:
a) This is a record of tasks assigned to a cadet or rating as part of the training required to sit for a certificate of competency.

b) The record book is required by examining authorities as evidence that the individual has undergone experiential training during his time as cadet or rating.
c) Officers should attempt to assign tasks and duties to individuals that will allow them to complete the various sections of their record books during their time onboard.

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13
Q

(n) Describe the role played by all the officers with respect to training of junior officers and ratings

A

♣ Refer to STCW ‘95

According to Chapter II, Section A – II/ 6: It is the responsibility of officers onboard any vessel to offer information and training to the junior officers and ratings, as this promotes interest in the job as well as an enhanced approach to the safe running of the vessel.
The training offered to the individual should in no way affect the work and safety of the person offering the information.

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14
Q

(o) Describe fully the actions and checks when taking over command in different circumstances such as a new ship, second hand ship, sick Master

A

On Joining
1. A prudent Master should on arrival at the ship have a checklist of ‘things to do’ on joining.

  1. Inspect the exterior of the vessel – draft marks, Load Lines etc.
  2. Inspect the rigging of the gangway and accessories.
  3. Inspect the decks and visible LSA and FFA on the way to the bridge.
  4. Obtain Masters keys and combination to the safe.
  5. Sight all monies and accounts in the Masters care.
  6. Sight all official documents and certificates in the Masters care.
  7. Sight all scale drugs in the Masters care.
  8. Read any relevant clauses in the Charter Party.
  9. Note any Side Letters or Voyage Instructions.
  10. Enter your details in the Certificate of Registry
  11. Enter your details on the front of the OLB and in the list of crew.
  12. Make an entry into the Narrative Section of the OLB regarding the fact that there has been a change of Master.

Prior to Sailing
1. Check all Muster Lists are updated.
2. Consult with the Chief Engineer as to the status of
machinery, bunkers and lube oil.
3. Consult with Chief Officer regarding status of
stability, cargo and stores onboard.
4. Make an extensive inspection as soon as possible.
5. Examine all clearance and immigration papers for
the next leg of the voyage.
6. Ensure corrected charts and publications are
onboard and that a proper passage plan has been
drawn up for the intended route.
7. Post your standing orders and instruct all OOW’s to
read and sign.
8. Satisfy yourself that the ship is seaworthy for the
intended voyage.
9. Refuse to sail the vessel if it is in any way
unseaworthy, this fact will be checked by insurance
and P&I if there is any damage to cargo and/ or the
ship during the voyage.

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