TT Talk issue 139

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1 February 2011. Issue 139 in the series

Welcome to TT Talk Edition 139

Contents:

1. Focus on smuggling
2. Do you comply with dangerous goods legislation?
3. Amendment 35-10 of the IMDG Code
4. Risky Carriage
5. Conclusion

1. Focus on smuggling

This item looks at two of the nastiest undersides of modern smuggling, people and drugs, which potentially impact on anyone involved in international transport. For reasons of space, we concentrate on the United Kingdom; we will look at the international position in a future edition.

Drugs, if they are not carried or swallowed by ‘mules’, are commonly smuggled in freight containers. The UK Border Agency (UKBA) traditionally publishes a report of the most unusual drug smuggling attempts during the past year.

For example, last year 80 kilograms of heroin was found hidden inside the reefer motor of an HGV. The previous year, cannabis was hidden in chrysanthemums (and other flowers) and cannabis valued £1 million was hidden among pallets of mayonnaise. This lucrative illegal trade births creativity – such as the cocaine that was shaped and coloured to look like Pringles in a Pringles can.

The UK remains a favourite destination for immigrants because of its (perceived) employment opportunities, including the black economy, state benefits, established ethnic communities and benign asylum laws.

The Channel ports are the most common point for illegal entry. For example, last year a 16 year old Vietnamese girl was found wedged behind a car dashboard, and a car engine was rearranged to make room for someone under the bonnet. In a classic case, bus seats were removed and the floor raised to allow 27 Chinese immigrants to hide underneath it. The authorities became suspicious when they saw passengers’ heads rubbing against the parcel shelf.

The vigilance of officials is supplemented by technology. There is equipment available which will detect differences in mass, movement and exhaled CO2. And no one underestimates the effectiveness of sniffer dogs. Intelligence is also vital. There are UK agents and liaison officers in continental Europe, in the origin countries and along the known transit routes. This is combined with “educational” measures, emphasising the disadvantages of attempting to become an illegal immigrant. This approach has the clear advantage of preventing the immigrants from reaching the UK and taking advantage of the asylum system.

Logistics operators, and/or their employees, can become involved in drug or people trafficking voluntarily or involuntarily. Liability may follow depending on whether or not they knew, or reasonably should have known, that their vehicles or premises were being used.

In 2000 the UK authorities introduced a “civil penalties” scheme, which fines truck drivers and operators of £2,000 for each illegal immigrant concealed on their truck; a number of fines were imposed. Liability can now be avoided by following an “accreditation scheme” of precautionary measures. Although UKBA appear to have enforced civil penalties less enthusiastically in recent years, there are signs that this may change.

The TT Club published a Stop Loss Sheet (#10) which specifies recommended precautions and can be downloaded from the Club’s website. The central point is that if the driver has any suspicion that his vehicle has been tampered with, he should contact the authorities immediately. The driver should be wary of intervening personally, since powerful and ruthless criminal gangs are involved in both drugs and people smuggling, and, equally, people being smuggled may be desperate and unpredictable. The legal consequences are likely to be less severe if operators provide full, timely information.

2. Do you comply with dangerous goods legislation?

Readers may recall being invited to take a quick survey in Edition 133 on 21 September 2010 in relation to compliance with the shoreside training requirements mandated in the IMDG Code from 1 January 2010. ICHCA International carried out a parallel survey amongst its membership. The level of completion of the survey was reflected in the substance of the responses given.

Disturbingly, 15% of logistics and terminal operators admitted they had not implemented an effective training programme within their own organisation for all relevant employees. Just 45% of respondents confirmed that they had clearly informed their customers of the detail of the training requirements in IMDG Amendment 34-08. And only 30% advised that they had received documentary evidence that all relevant employees of the customer had been trained.

The Club has repeatedly alerted the industry to the training requirements and therefore the findings are surprising. They would appear to confirm anecdotal evidence that the shoreside supply chain market falls into the following categories:

Those who are simply unaware that this training is mandatory and that they have to comply;
Those that recognise the training is mandatory but believe that it will not be enforced in their jurisdiction or that there will be a period of grace;
Those that are aware that the training is required, but it is not a priority;
Those that have put training in place.

Let’s also explode the myth that awareness and familiarisation training is adequate; the Code clearly requires function specific training. What’s more, Amendment 35-10 (see below), which entered transitional force on 1 January 2011, has been modified to require that employees ‘shall be trained’ and training records have to be kept by the employer.

Where effective training is not already in place in your company and not easily available to you, the Club continues to recommend the e-learning system developed by Exis Technologies. This certified course, developed by a dedicated team of specialists, is tailored to the IMDG Code requirements for both general awareness and function specific training.

A demonstration of IMDG Code e-learning and online brochure can be downloaded here. For further information please contact Melanie Stephenson at Exis Technologies +44 1325 467836 or email Melanie.

Other information can be found on the Hazcheck website, including validation of products against the IMDG Code requirements, from packing to segregation and marking and placarding to documentation.

You can order Exis Technologies IMDG training through ICHCA International and this will attract a discount for TT Club and ICHCA members.

3. Amendment 35-10 of the IMDG Code

Approved by IMO’s Maritime Safety Committee last May, Amendment 35-10 of the IMDG Code, entered its transitional year in January 2011 (meaning that operators are able to apply its provisions) and will come into mandatory force on 1 January 2012.

Following the link below provides a summary put together by ICHCA International of the key changes made by the Amendment of relevance to those in the international supply chain. The summary does not cover all of the changes and those who are involved with the movement of packaged dangerous goods should ensure that they obtain at least one copy of the new edition of the Code. Ordering IMO documents through ICHCA International, which is an IMO distributor will attract a discount for ICHCA members.

Notable changes include further emphasis on shoreside training including records to be kept, new Special Provisions relating to vehicles and engines, references to the provision of information in electronic format, a new Limited Quantity label/placard, an amended Excepted Quantity label for packages, an amended Marine Pollutant mark, some tightening up on the movement of fumigated units and the introduction of three new UN Numbers for Calcium Hypochlorite.

ICHCA and the TT Club have previously published two pocket cards, inserted in a simple document providing guidance on the IMDG Code. The first card (coded ‘IIL/1’) deals with documentation and specifies what detailed description must be included in declarations made by the shipper, according to the class of the substance or article. The second card (‘IIL/2’) shows all the various labels/placards, signs and marks that are appropriate in each case. Both pocket cards are intended to be carried and used as a reference during the working day.

The guide comes both in printed form and as a PDF, the latter providing links to related information. The guide is downloadable from the publications menu on the Home page of the TT Club website and the printed version can be ordered free of charge. This guide is immediately available and will be updated to reflect the latest amendment shortly.

4. Risky carriage

The Club was recently asked for its opinion on the carriage of single rough hewn blocks of marble in 20' dry units. It also appeared that the true mass of the cargo is generally estimated – frequently inaccurately – at values in excess of 20 tonnes. The loading operation was primitive. Some blocks were loaded directly on to the container floor. At best bearers up to a maximum of 6m long by 200mm square were inserted.

The following summarises the Club’s advice and concerns:

· Cargo mass
Procedures should be put in place to establish the true mass of the cargo and container. At the very least this should be by calculation based on the actual size of the block, plus the tare mass of the container. Since there are measuring systems available that can be deployed in unsophisticated facilities, the Club recommended that the mass should be accurately established.

· Spreading the load
The cargo mass in this trade has the capability of exceeding the structural limits of the container unit, in particular the floor. The 200mm square skids spread the load only slightly, but would be insufficient to support the load in the event of extreme dynamic forces potentially encountered in handling and transport. It was advised that the loaded mass be reduced to a level that is consistently within the structural tolerance.

· Cargo securing
The inability to secure the load to the skids or the container means that, again under extreme dynamic conditions, there is nothing to maintain the friction between block and skids, and skids and floor, to prevent this block breaking out of the unit. It might be better if the blocks could be carried on flatracks, supported on beams, and secured to the lashing points, which are generally stronger on such units.

· Risk exposure
The proposal exposes the carrier to the likelihood of container damage, at best stressing the components and giving rise to probable early failure. Further, there is considerable risk that the cargo will break through the container, particularly during lifting operations, giving rise to high potential exposures, such as damage to the ship, other cargo, damage to equipment and injury/fatality. Cargo movement in the container can also pose a major risk of accidents including overturning of trucks and chassis.

While the number of known accidents from this type of carriage are low, it is clearly a major accident waiting to happen. The likelihood of a substantial liability exposure is high. In the absence of strenuous mitigating action, the Club recommended that this trade is avoided.

5. Conclusion

We hope that you will have found the above interesting. If you would like further information, or have any comments, please email us. We look forward to hearing from you.

Peregrine Storrs-Fox
Risk Management Director
TT Club

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