6.3 Role of berth operators and cargo interests
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6.3 Role of berth operators and cargo interests

  6.3.1 The berth operator and cargo interests have the prime responsibility for carrying out the transport and handling of dangerous cargoes in a manner which safeguards the health and safety of their employees and others who may be affected by the operations, including the general public.

6.3.1 In many cases particularly at intermodal transfer points such as ports, the activities of two or more undertakings will overlap. In such cases the duties will also overlap and co-operation between the managements of the undertakings will be essential to ensure that the necessity standards of health and safety are maintained.

  6.3.2 The berth operator and cargo interests should consider the risks associated with such activities in port areas and take them into account when devising safe operational procedures. The procedures should ensure compliance with relevant legal requirements.

  6.3.3 The berth operator and cargo interests should provide appropriate information, instruction, training and supervision to their employees to ensure that the safe operational procedures are followed in practice. Such supervision should include procedures to verify that dangerous cargoes comply with the relevant legal requirements and can be accepted for onward transport .

6.3.3 Health and safety in relation to the transport and handling of dangerous cargoes is only achieved by positive action. It needs to be managed in the same way as any other resources. A framework for achieving successful management of health and safety involves:

.1 setting up a clear policy for health and safety which fully complies with the minimum standards laid down in national and local legal requirements, as appropriate;

.2 drawing up realistic and safe operational procedures and standards;

.3 organizing staff to implement the procedures;

.4 routine checking of actual practices against the procedures; and

.5 periodic audit and review of the arrangements as a whole.

  6.3.4 The berth operator should ensure that appropriate plans are made to deal with foreseeable emergencies. Such plans should be co-ordinated with the port emergency plan and relate to incidents and their consequences in the area they control within the port area and in adjacent areas or premises.

  6.3.5 The berth operator should ensure that all accidents and other emergencies, including those involving property, are properly investigated to identify their causes, reported as required by national and local legal requirements, and that any remedial action necessary to correct any deficiencies and prevent any recurrence is taken promptly.

  6.3.6 The berth operator and cargo interests should ensure that the safety of all aspects of the transport and handling of dangerous cargoes is regularly reviewed.

6.3.6 Management should periodically undertake a review of all aspects of the management of health and safety in connection with the transport and handling of dangerous cargoes, so as to ensure that proper procedures are being implemented, that they remain appropriate for the risks they are intended to control, that operational and accident experience is taken into account and that complacency is avoided.

  6.3.7 Cargo interests should also ensure that dangerous cargoes they forward for transport by sea comply with the relevant legal requirements.

6.3.7 In many ways the management of cargo interests holds the key to the health and safety of all those further along the transport chain. Often only they will have control over the correct packing, segregation and securing of the contents of cargo transport units. In many cases the packer of a cargo transport unit will be the last person who sees the inside of it until it reaches its final destination and will, therefore, have the prime responsibility for ensuring it is correctly and securely packed. Cargo interests should ensure that all cargo transport units for transport by sea are suitable for the purpose in accordance with the Container Safety Convention (CSC), 1972, where relevant and are correctly packed, placarded, marked and documented in accordance with the requirements of the IMDG Code and other relevant codes and are loaded in accordance with the IMO/ILO/UN ECE Guidelines for packing of cargo transport units before passing them on along the transport chain.

Parent topic: 6 Responsibilities
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