Cargo contamination claims pose a significant financial risk for tanker operators, often resulting in expensive disputes. To effectively mitigate these risks, meticulous and proper sampling of cargo onboard tankers is essential.
Importance of Samples
Given that cargo contamination claims represent the most frequent and costly type of claim in the tanker industry, this bulletin underscores the critical importance of adhering to best sampling practices onboard vessels.
The Indispensable Role of Proper Cargo Sampling: Cargo samples, when taken according to best practices and correctly sealed and stored, serve as crucial evidence, accurately reflecting the quality of a cargo at the specific time and point of sampling. To demonstrate the consistent quality of the product, samples must be taken at various stages throughout cargo operations. These systematically collected samples then become a vital piece of evidence in establishing the exact stage at which any deterioration of the cargo occurred, should a dispute for an off-specification (off-spec) cargo arise.
“Invisible Cargo” and the Shipowner’s Defense: Tanker cargoes are often termed “the invisible cargo” because they are loaded through closed systems, keeping the product out of sight. This inherent characteristic prevents the ship from conducting a visual inspection of the cargo prior to loading to assess its condition. Consequently, the shipowner’s sole defense against a claim for an off-spec cargo lies entirely in the integrity and reliability of the samples taken throughout the cargo operations.
Should a contamination claim emerge, the onboard samples, taken using the stipulated methods and guidance, will be requested for analysis. The results from these analyses can swiftly help to identify the precise point at which the contamination occurred. Having such meticulously collected samples will significantly reduce the time and costs involved in resolving a cargo claim and, crucially, possess the potential to exonerate the vessel from being the cause of contamination.
Sampling Protocols
In the context of tanker operations and mitigating cargo contamination claims, best practices dictate clear protocols for samples, especially highlighting the critical role of ship representation.
Shore Samples and Ship’s Rights: While the industry standard often sees shore samples taken unilaterally without a ship’s representative present, the vessel must request a shore sample whenever possible. This requested sample should be accompanied by a receipt and must be meticulously stored with the vessel’s other samples. Furthermore, any shore samples taken after discharge is completed should also be requested by the vessel and stored in the dedicated sample locker alongside the ship’s own samples.
Pre-Loading Meeting and Charter Party Agreement: The entire sampling procedure should be comprehensively laid out in the charter party agreement. Crucially, it must be thoroughly discussed during the pre-loading meeting with the cargo surveyor. This discussion should cover:
- The number, location, and timing of samples to be taken.
- Confirmation that the cargo surveyor will supply the vessel with a full set of samples.
- Confirmation of the designated persons who will carry out the task of drawing, sealing, and signing the samples.
Joint Sampling is Paramount; Unilateral Ship Sampling as a Contingency: It is paramount that samples are always taken with a member of the ship’s crew present, representing the shipowner’s interests, and a cargo surveyor present, representing the charterer’s interests. Unilateral sampling by either party should be avoided.
However, a critical contingency exists: if the cargo surveyor refuses to be present for ship sampling, the ship’s crew must proceed to take independent samples. These samples must be undertaken following all the guidance laid out in the bulletin, ensuring proper labelling, sealing, and recording procedures. Such samples can still be called upon as evidence if a claim against the cargo is raised. In such a scenario, the cargo surveyor’s refusal to be present for ship’s sampling must be formally recorded in the Ship’s Logbook, and the vessel should immediately issue a Letter of Protest. This documentation is vital for the shipowner’s defense in any potential dispute.
Visual Analysis
To ensure the continuous quality of tanker cargoes, a visual analysis must be carried out on all samples throughout both the loading and discharge operations. This ongoing visual inspection serves as a frontline defense against potential contamination or quality issues.
Samples should be visually checked for several key indicators:
- Appearance, Colour, and Brightness: Any deviation from the expected visual characteristics of the cargo could signal a problem.
- Presence of Water: The presence of free water, which can appear as haze, droplets, or layers, is a critical indicator of contamination.
- Foreign Particles: Visible solid particles, sediment, or other foreign matter suggest contamination.
- Odour or Taint (for non-toxic cargoes): For non-toxic cargoes where it is safe to do so, an unexpected or unusual odor can indicate a quality issue or a foreign substance.
- Temperature: Checking the temperature can confirm it’s within the required range for the cargo and consistent with expectations.
- Approximate Pour Point (if heated): For heated cargoes, an approximate pour point assessment can indicate if the cargo is at the correct temperature to maintain fluidity.
Sampling Methods
In the maritime industry, particularly in cargo operations, sampling methods are critical for cargo quality control and safety, with three main types: closed, open, and restricted. The correct method must be meticulously chosen to prevent cargo spoilage, ensure crew safety, and protect the vessel and environment.
- Closed Sampling: This is the preferred method for most cargoes due to its ability to minimize exposure and maintain cargo integrity. There are two primary ways to perform closed sampling:
- Dedicated Sampling/Ullage Point: This involves using portable equipment with a vapor lock system, ensuring the system remains sealed and preventing gas or vapor release during sampling.
- Fixed Inline System: Common on vessels handling high-specification or sensitive cargoes, these systems are permanently installed to allow sampling without opening the tank.
Closed sampling is mandatory for cargoes that are:
- Requiring inerting or a nitrogen blanket
- Toxic or very toxic
- Corrosive
- UV sensitive
- Hygroscopic
- Oxygen sensitive
- Open Sampling: This method involves opening the cargo hatch and lowering the sampler directly into the tank, with the cargo visible. If open sampling is conducted, the tank opening should be uncovered for the shortest possible duration to complete the process. This method can be acceptable for certain less sensitive cargoes, such as vegetable oils.
- Restricted Sampling: Manifold sampling is considered a form of restricted sampling because it involves exposing a small quantity of cargo and vapor to the atmosphere. It’s important to note that not all portable sampling equipment used with dedicated sampling/ullage points are classified as closed samplers; some are restricted samplers.
Critical Considerations and Safety Protocols:
- Correct Method is Imperative: The appropriate sampling method should always be used for each specific cargo.
- Risk Assessment and Approval: If the correct sampling method is not feasible, a risk assessment must be carried out, and approval sought from the ship’s management and P&I (Protection and Indemnity club) before proceeding with the sampling.
- Consequences of Incorrect Sampling: Using an incorrect sampling method can lead to severe consequences, including:
- The cargo is becoming off-specification (off-spec), leading to financial losses.
- Health risks to the crew drawing the samples due to exposure to hazardous substances.
- Damage to the vessel or the environment from the uncontrolled release of cargo or vapors.
Adhering to these stringent sampling protocols is essential for safe, efficient, and compliant cargo operations in the shipping industry.
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Source: West P&I
