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How Shipowners Can Prevent Accidents: Best Practices for Compliance with Safety Duties

by | May 21, 2024 | Firm News, Maritime Law

The maritime industry relies heavily on longshore workers to load, unload, and handle cargo aboard ships. Given the inherently hazardous nature of these tasks, shipowners have a legal obligation to ensure that vessels are reasonably safe for workers. Failing to meet these responsibilities can result in devastating injuries and fatalities. To comply with their duties—such as the turnover duty, active control duty, and duty to intervene—shipowners must adopt proactive safety measures. This article explores best practices that shipowners can implement to protect longshore workers and minimize risks during maritime operations.


Conduct Thorough Inspections Before Turning Over the Vessel

One of the most critical steps shipowners must take to comply with their turnover duty is conducting comprehensive safety inspections of the vessel before turning it over to longshore workers. Ensuring the ship is free of hazards that could jeopardize worker safety is essential. This includes:

  • Inspecting decks and walkways for spills, loose cargo, or debris that could create slip-and-fall risks.
  • Checking equipment and machinery, such as cranes, winches, ladders, and gangways, to ensure they are in good working order and free of defects.
  • Verifying the stability of cargo, ensuring nothing has shifted during transit that might present a hazard.
  • Identifying any hidden or non-obvious dangers that workers might not immediately recognize, such as poorly secured hatches or electrical hazards.

If hazards are discovered during the inspection, they must either be repaired before work begins or clearly communicated to the stevedore. Shipowners who fail to identify or disclose hazards risk breaching their turnover duty, which can lead to serious accidents and liability.


Maintain Control Only When Necessary and Prioritize Safety

Under the active control duty, shipowners may retain control over certain parts of the vessel or operations during cargo handling. When doing so, they must prioritize safety and exercise reasonable care to ensure that longshore workers are protected from hazards. To comply with this duty, shipowners should:

  • Operate machinery responsibly: If ship crews control cranes, winches, or other cargo-handling equipment, they must ensure it is used safely and inspected regularly for defects. Malfunctions or unsafe use can lead to falling cargo or mechanical injuries.
  • Secure controlled areas: Shipowners retaining control of certain spaces, such as gangways or specific cargo holds, must ensure these areas are free of hazards like unsecured equipment, slippery surfaces, or unstable materials.
  • Communicate effectively: The shipowner must coordinate with the stevedore to avoid confusion and ensure that cargo operations are conducted safely. Poor communication can lead to accidents caused by conflicting directives or misunderstood procedures.

By carefully monitoring and maintaining safety in areas under their active control, shipowners can significantly reduce risks to longshore workers and fulfill their legal obligations.


Address Known Hazards: Fulfill the Duty to Intervene

Even after a ship has been turned over to longshore workers, shipowners still have a duty to intervene if they become aware of a dangerous condition that poses a risk of serious injury or death. This duty applies when it is clear that the stevedore has failed to address the hazard. To fulfill this obligation, shipowners should:

  • Remain vigilant: While shipowners are not required to micromanage cargo operations, they must stay aware of obvious hazards that develop during work. This includes observing unsafe practices or dangerous conditions that arise.
  • Take immediate action: If a hazard poses a life-threatening risk—such as unstable cargo, defective machinery, or structural hazards—shipowners must step in to warn workers or halt operations until the issue is resolved.
  • Document hazards and resolutions: Shipowners should maintain records of identified hazards and the steps taken to address them. Clear documentation can help demonstrate compliance with their duty to intervene and ensure safer working conditions.

The duty to intervene serves as a safety net, ensuring that known dangers do not go ignored during longshore operations. By taking prompt action, shipowners can help prevent serious injuries and hold all parties accountable for worker safety.


Implement Ongoing Maintenance Programs for Equipment and Spaces

A proactive maintenance program is one of the most effective ways for shipowners to meet their safety obligations. Proper upkeep of vessel equipment, machinery, and workspaces ensures that hazards are addressed before they pose a risk to workers. Key components of a successful maintenance program include:

  • Regular inspections and servicing: Shipowners should schedule routine inspections of cranes, winches, gangways, hatches, and other equipment. Any worn or defective parts should be repaired or replaced immediately.
  • Addressing structural issues: Ship decks, ladders, and railings must be monitored for corrosion, cracks, or loose components that could cause falls or other accidents.
  • Preventing slip hazards: Non-slip surfaces should be applied where appropriate, and any spills, leaks, or debris should be promptly cleaned.

By prioritizing maintenance, shipowners can reduce the likelihood of accidents and ensure a safer work environment for longshore workers.


Promoting Safety Through Clear Communication and Collaboration

Effective communication between shipowners, stevedores, and longshore workers is essential for maintaining safety aboard vessels. Shipowners should ensure that all relevant parties are informed about potential hazards, safety protocols, and operational guidelines. Best practices include:

  • Providing safety briefings to stevedores and longshore workers about vessel conditions, known hazards, and equipment use.
  • Posting clear signage on hazardous areas, such as slippery decks, unsecured cargo, or faulty machinery.
  • Encouraging an open reporting system where crew members and workers can report hazards without fear of retaliation.

By fostering a collaborative approach to safety, shipowners can help prevent accidents and ensure that all parties are aware of their responsibilities.


Contact a Maritime Injury Lawyer for Help

If you or a loved one has been injured while working aboard a vessel due to unsafe conditions, you may be entitled to compensation. Shipowners have a clear legal duty to ensure the safety of longshore workers, and failing to meet these responsibilities can lead to devastating consequences.

At Spagnoletti Law Firm, our experienced maritime injury attorneys are dedicated to holding negligent shipowners accountable. We can investigate your case, identify safety violations, and fight to secure the compensation you deserve for medical expenses, lost wages, and pain and suffering. Contact us online or call 713-804-9306 for a free consultation today. Let us help you take the first step toward justice and recovery.