Shipping company in Groningen ignores Dutch Safety Board recommendations. ‘Captain is responsible for safety’

The Dutch Safety Board (OVV) calls on the Groningen shipping company Amasus to still work on the recommendations that the council made following the accident with the Eemslift Hendrika off the Norwegian coast in 2021.

The 112-meter-long cargo ship, intended for the transport of mainly yachts, ran into problems on April 5, 2021 in a northwesterly storm off the Norwegian coast. On deck were two catamarans, two yachts and a fishing boat. There were four heavy rudder propellers (special ship propellers) in the hold. Some of them shifted and caused leakage in various ballast tanks of the ship. The water from the tanks then ran into the hold. Due to the shifting of the cargo and the leaking water, the ship listed.

Ultimately, the twelve crew members were forced to leave the ship and were taken off board by helicopter. The last four, including the captain, were picked up from the sea. The ship drifted out of control towards the Norwegian coast, with 350 tons of fuel oil and 50 tons of diesel on board. Part of the deck cargo, including the fishing boat, fell overboard, as did one of the ship’s two cranes. On April 7, the unfortunate vessel was towed by salvagers to the port of Alesund.

Departed despite storm

In the middle of last year, the Dutch Safety Board concluded that the way in which the cargo was lashed could not withstand the harsh conditions. The captain had also failed to check the situation in the hold. He decided to start the journey despite the predicted stormy weather and did not adjust the route. “The margins of safe navigation were explored.”

The Shipping Disciplinary Board suspended the captain of the Hendrika in December for eight weeks, two of which were conditional. According to the council, he had seriously failed in his responsibilities as captain and was said to have taken completely unnecessary risks. The man stated at the hearing that he had felt pressure from the ship owner during the voyage to reach the destination on time, but according to the Disciplinary Board, that pressure did not materialize.

Exceptional circumstances

The OVV now notes that Amasus Shipping from Delfzijl has not adopted the three recommendations made last year. The council stated, among other things, that the shipping company and the owner of a ship may impose instructions on the captain in exceptional circumstances. More care must also be taken when lashing special loads and more information must be shared with crews.

In a response to the OVV, Amasus said that it had learned from the accident. Some procedures were also adjusted. The shipowner’s team that supervises the loading of ships has been reinforced with a naval architect . But according to Amasus, the necessary legislation and regulations are lacking for giving instructions to captains in special situations. “The captain is responsible for making decisions related to safety and environmental pollution.”

The company says it cannot make the second recommendation because the crew would have been provided with all necessary information. The crew of the Hendrika also checked daily after departure whether the cargo was still properly secured.

No sanctions

A spokesperson for Amasus Shipping does not want to comment on the OVV’s request to still look at the recommendations.

At the OVV, Arjen Zegers says that companies or organizations are not obliged to follow the recommendations of the Dutch Safety Board. “We make recommendations and then check whether they are followed. But the parties are not obliged to do this, it is not laid down in the law. There is also no penalty. They do have to respond to our research, but after that it is up to them. As far as I know, it does not often happen that companies ignore these recommendations. We usually talk to them and then we figure it out.”

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