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Challenges in on board training: The maritime accident affects maritime

CHAPTER 1
THE PROBLEM AND ITS BACKGROUND

Introduction

Conceptual Framework

Statement of the Problem

Assumptions of the Study

Scope, Delimitation and Limitation of the Study

Significance of the Study

Definition of Terms

CHAPTER II

REVIEW OF RELATED LITERATURE AND STUDY

Related Literature

Maritime Law or Admiralty Law is a specific body of laws that govern right
and proper conduct on the high seas, while serving as a compilation of both
codified and uncodified norms of the sea concerning maritime offenses or
question of law. It covers all contracts, injuries, torts or offenses that occurred on
a public body of water. (www.maritimehelp.com)

According to Domingo G. Castillo, writer of Limitation of liability in


maritime accidents: The Philippine Experience, The Philippine is an archipelago
composed of 7100 islands, said islands are linked with each other by ships
carrying cargo and passenger similar to Greece. As such, it has fair share of
marine casualties and accidents which involve the loss of human lives and
property amounts to millions of dollars.
There are several maritime accidents due to human errors. Such human
errors are those failures of the mariners to exert due diligence as to the
performance of their duty on board. Accidents made can cause several damages
as to persons and as to property. Even the nature can be harmed because of
such negligence on the part of the mariners. One of such maritime accidents that
occur is the oil spill.

Oil is among the most important energy sources in the world and is
transported by different ships across the ocean and by pipelines across the
lands. Oil spill is identified as the contamination of sea water due to an oil pour
because of the accident or error made by mariners. Oil spills are leakages or
spillage of petroleum and their byproducts into the environment particularly onto
the surface of large water bodies such as oceans, lakes and rivers as a result of
human activities. For this reason, oil spill is regarded as a form of pollution as the
term is mostly applied to define spillage of oil in marine systems. Oil spills may
occur on land as well, but the most documented incidences are those that
happen in marine areas. (http://www.conserve-energy-future.com/various-
causes-of-oil-spill.php)

While transferring the oil to vessels, there are several accidents that may
harm the ocean, its living things underneath and even the natural treasures or
resources. Also, it can cause severe harm and serious health problems to
humans who are living near the oceans or those who consumes the resources
being produced by the oil spilled ocean.

Public health impacts include illnesses caused by toxic fumes or by eating


contaminated fish or shellfish. However, there are other less obvious public
health impacts, including losses and disruptions of commercial and recreational
fisheries, seaweed harvesting, boating, and a variety of other uses of affected
water. Any nation or tourist destination close to oil drilling or shipping lanes is at
high risk of experiencing economic collapse and the disastrous environmental
effects of oil spills and needs to be properly prepared to clean up.

Production of petroleum is highly increasing in our country and so it results


in massive transportation and can lead to oil spills. The number has been
increasing with the increasing rate of oil transportation, aging of oil tankers as
well as the increase in the size of oil tankers. As regards to this one factor of
increase in the production of oil, more accidents can be overseen.

Another point with regard to the human errors resulting to oil spill is the
maintenance of the cargo and vessels in the ocean. Such maintenance can
cause leaks and even produce so much waste being disposed in the water
without the proper measures in safeguarding the ocean. It can be correlated with
the transportation of such petroleum that might be one of the factors that can
lead to oil spill. Failure of the mariners to conduct proper waste disposal in the
ocean especially if what has been cleaned or maintained is the oils being
produced by the cargo or vessel might cause damage and danger as to people
and as to the nature.

Even the improper disposal of used motor oil in the ocean may be
considered as another factor that might lead to oil spill. There must be proper
coordination as regards the mariners who are on board in the cargo or vessel
while disposing such motor oils. Without such, more harm and danger may be
produced due to the negligence of the mariners in their part.

To prevent oil spills is the top most priority; and the responsibility lies
equally on individuals as well as on governments and industries, because the
sources of oil waste in the ocean is due to carelessness, rather than an accident.
It is for the reason that all who are residing within the said cargo and vessels and
those residing outside the said premises will be affected by the failure of each
and every one to exert due diligence of a good father as regards the issue on oil
spill. There must be a balance and mutual understanding as regards the
performance of duty to a safer and better environment.

Integration of preventive measures in industrial process, operation, or


product should be a part of the cost of daily operations. Before starting any
fueling, de-fueling or internal transfer operation, all machinery and piping
systems should be checked for tightness and for signs of leaking glands,
seals and gaskets. While changing oil or adding oil to machinery, proper care
should be taken to avoid oil spills.
Slips, trips and falls are the most common source of accident and injuries
onboard. These incidents are not just for the clumsy. All crew onboard can fall to
these incidents if the surfaces are slick. These accidents can cause not only
injuries but also fatalities. While any workplace can be hazardous, ships are
especially prone to causing workers to slip, trip and have nasty falls that cause
injuries and even deaths in the worst situations.

Ships are often crowded with cargo, workers, and equipment. Decks may
be wet and slippery. Trip hazards are commonplace. Navigating a ship requires
balance, skill, and attention. Even with all precautions taken and experience and
knowledge about the layout of a ship, a slip and fall accident is not uncommon
aboard any ship for any worker. Regardless of how a slip and fall happens, if you
experience this accident while working on a vessel, and are injured, you have a
right to file for compensation thanks to maritime law.

Nobody wants to slip and fall. But no matter how effective the rest of your
safety program is, everyone onboard the ship has a higher risk of being injured
due to a slip, trip or fall.

Some of the reasons that slip and fall accidents occur more on ships than
in other workplaces is the most obvious cause is the fact that there is no real
solid ground. A ship at sea is at the mercy of the water and the weather. Even in
calm waters a ship is not stationary and that means that workers must maintain
balance while moving around the ship. If wind or a large wave rocks the ship,
falls become more likely. Even an experienced seaman with strong sea legs can
be caught off guard by a sudden movement and have a fall or a trip as a result.
Anyone on any ship is susceptible to losing balance and falling into a dangerous
situation.

Slips on ships are also common for many reasons, one of which is water.
Decks are exposed to the elements and if it rains, snows, sleets, or if waves
crash onto the deck, it gets wet or even icy, depending on the temperature.
These conditions can make the surface slippery and falls are not uncommon as a
result. If a ship deck has a non-slip surface and if workers wear appropriate deck
shoes, slips can be minimized but may still happen. Even with these precautions
in place on a deck or other floor, a spill of oil or other liquid can turn a previously
safe deck into an instant slip hazard.

While navigating the often crowd space of a ship, trip hazards are
everywhere. Even when cargo is stored properly and equipment is where it
should be, trips can happen. There are all kinds of obstructions on the deck and
below deck of a ship. Experienced workers on ships know to expect these kinds
of hazards and to be careful, but still may trip and fall when in a hurry or not
being as careful as they should be. To prevent many trips, good lighting is
necessary. Bright painting or reflective tape can also identify hazards that are
difficult to see, even in good light.

Both trips and slips can lead to falls, which may result in injuries ranging
from the mild to the severe and in the worst cases to death. A slip or trip that
results in a fall may occur if the accident occurs on stairs or on a walk way. A slip
near the edge of the deck could also lead to a fall overboard. Falls are especially
likely or dangerous if there is no guardrail or a broken guardrail on a walkway,
stairway, or deck. Some falls are not very serious, while others can be from great
heights on to a deck or into the water. If no one is there to see the worker fall and
provide assistance, the consequences can be especially severe.

However, there have been countless incidents of slips or trips resulting in


falls and injuries or fatalities aboard ships over the years, including those
involving crew members and passengers. In one such case, which occurred in
2009, a passenger aboard a Carnival cruise ship slipped on a new resin surface
on the pool deck and fell. The passenger suffered from a broken patella, or knee
cap, and had to have multiple surgeries to correct the damage. The cruise line
was found liable as it was proven that they knew the surface was too slippery,
and the woman was awarded significant damages.

In another incident, a worker on a barge slipped and fell on a surface


covered with petroleum products. He was transferring oil from one barge to
another when he slipped on the surface and got a foot stuck between the hose
and a rail. In trying to disentangle himself, he slipped again and struck his knee
on the hard surface. The worker suffered painful injuries and was unable to
return to work. The incident underscores how important it is for surfaces on ships
and near ships to be kept clean and dry. Slipping on dirty surfaces, especially
where oil products are used, is easy to do and the consequences can be far-
reaching.

Cruise ships are often the setting for tragic falls overboard. A fall could be
precipitated by many things, including a tripping over an obstacle and going over
the guardrail, or slipping and falling over the edge. Sometimes these falls
overboard are more sinister in nature and may be criminal acts. For instance, in
2015, a man fell overboard and couldnt be found, even after searching for hours.
The circumstances were suspicious. The man had been drinking and arguing
with someone else.