The Advocate
Informing Marine Engineers about legal matters
Authored by: Darren Williams, Williams & Company
Brought to you by www.dieselduck.net, comments to [email protected]
Confined Spaces – Keeping a Clear Head
In January of 2002, eight crewmembers were killed by an explosion
while spray painting the inside of an upper ballast tank of their
Hong Kong registered bulk carrier. Five bodies were found, while
three were presumed to have been vaporized. The accident was found
to have been caused by improper ventilation, an inappropriate use of
paint-thinners, and an unknown source of ignition.
In February of 2002 the Chief Officer of the American flagged tanker
S.S. Trinity was indicted on charges of criminal negligence related
to the death of a crewman that he had sent into a cargo hold to
clean without first testing the atmosphere. The crewman was
asphyxiated by remnant vapours from the previous cargo of MTBE.
In January of 2002, four local shipyard workers perished while
working on a barge moored in the Fraser River. One worker had
entered a ballast tank to affect repairs and did not emerge. A
fellow worker went to find him, and neither returned. A third worker
was sent and failed to return before emergency crews were called. In
all, four men died of asphyxiation in the ballast tank.
All of the above accidents occurred in “confined spaces”. Albeit
mostly obvious, a “confined space” is characterized by restricted
access, typically a manhole, and limited ventilation. Confined
spaces are not intended for human occupancy, except for the purpose
of carrying out work in them, typically scaling, painting or metal
repairs. The primary danger with confined spaces is the atmosphere
that develops within them. Confined spaces, due to their poor
ventilation, often have a low oxygen content, or higher than normal
concentration of hazardous chemicals, such as diesel fumes.
Generally speaking, any vessel that carries chemicals, including
diesel fuel, will have confined spaces with potentially lethal
concentrations of chemicals, even when empty. Steel vessels,
however, are particularly prone to confined spaces with low oxygen
content, such as ballast tanks. This low oxygen content is due to
the oxidation process which depletes oxygen as the steel walls of
the tank rust.
Employers ands workers in the marine industries are required to
understand the risks and responsibilities associated with confined
spaces on vessels. Each has a legal responsibility to understand the
dangers and act accordingly. The Occupational Health and Safety
Regulations under the BC Workers Compensation Act, and similar
regulations under the Canada Labour Code, set out requirements that
are to be followed by workers and employers in respect of confined
spaces. Failure to follow these rules may result in penalties to
both the employer and the worker.
Legally speaking, requirements under the WCB Occupational Health &
Safety Regulations include, but are note limited to:
Full requirements under these regulations can be obtained from WCB,
the author, or on the Web at http://regulation.healthandsafetycentre.org/s/Part9.asp.
Failure to do any of the above may result in a penalty assessed
against the employer or the worker. WCB is not obliged to a give a
warning first, but rather can simply show up on the vessel, and
subject to finding circumstances that contravene the Occupational
Health & Safety Regulation, assess a penalty ranging from $1,500 to
$30,000 depending on the payroll of the employer and whether the
parties have been cited previously for a similar infraction. Persons
who interfere with or obstruct a WCB officer in the course of their
inspection may be convicted and fined up to $19,000 or 3 months in
jail, or both.
Although most mariners understand the general dangers that confined
spaces present, when an emergency arises much of this understanding
is immediately forgotten. For example, picture this… you return from
coffee-break to help the engineer with the annual job of cleaning
the fuel tanks, when you find him crumpled below the access ladder
on the floor of the starboard aft tank. Your immediate reaction is
that he has fallen, so you jump to help him. Within 15 seconds of
entering the tank your vision blurs.
By the time you have reached his body you collapse unconscious on
top of him. Within four minutes you are dead. The lesson here is to
avoid reacting, but to think first, and act quickly and cautiously.
Identifying the dangers of the confined space before acting is
crucial to avoiding further injuries or fatalities. Would-be
rescuers represent at least 40% of all deaths in confined space
accidents.
It is important for vessel owners, employers and workers to identify
each confined space within a vessel and develop a procedure,
preferably written, for accessing and working in the confined space.
Confined spaces that can be opened easily or are not locked should
be clearly labeled as being hazardous. All confined spaces,
including those that are kept locked or bolted, such as fuel tanks,
must have written procedures for accessing and carrying on work.
Further to the WCB regulations cited above, these procedures must
include the following:
The above list is not a complete one, but includes some of the most
important measures to be taken.
Equipment used for testing the atmosphere in these circumstances can
be found at safety equipment suppliers, and can be purchased for
approximately $250 for an oxygen-only sensor, or $2500 for a four
gas model which tests for oxygen, carbon monoxide, combustibles and
hydrogen sulphide (the latter resulting from decaying organic
matter). It is important that these devices be calibrated before
every use. In many cases the cost of this equipment is too much for
small marine operations, particularly when they access their
confined spaces only once per year or so. In these cases, it is
recommended that the mariner rent such a device (for approximately
$60/day), borrow one, or share the purchase price with a group of
mariners that will share the device. Failure to use such a device is
a contravention of the Occupational Health & Safety Regulations and
may result in a penalty, not to mention a death.
Although I am lawyer now, my time at sea tells me that the
procedures noted above are not consistently followed on larger
vessels, infrequently followed on private coastal vessels, and
rarely if ever followed on many smaller vessels. Personally, I
cleaned many ballast tanks and many fuel tanks and never once tested
the atmosphere in any of them. If I did, I crawled into the confined
space, took a good sniff, and decided it was safe to work. On most
of the occasions I worked alone.
I look back at those days now and realize that this type of conduct
is akin to playing Russian roulette, except that it endangers more
people than just the triggerman. I think of the families of those
four men that failed to emerge from the barge on the Fraser River in
January of 2003 and I am saddened by the possibility that such a
profound loss might have been prevented. It is my hope that next
time you peer into a confined space, or find a fallen worker in a
confined space, you will think of those workers and your own family,
and act, not react, with caution.
Darren Williams is a Barrister and Solicitor (Lawyer) specializing in Admiralty Law, which has jurisdiction over maritime matters. Darren has worked extensively on the water as well as in the courtroom. He is a Barrister & Solicitor based out of Victoria, British Columbia, Canada, practicing at the Law Firm of "Williams & Company".
On this webpage, he brings us timely and relevant articles on the legal aspects of being a Marine Engineer in today's world. Although the articles have a predominately Canadian flavour, we are sure you will find his legal point of view enlightening where ever you ship sails. Darren has also published other legal articles on general admiralty law, view them all at the Williams & Company website. You can reach Darren for question or comment by phone at 250-478-9928 or by email.