Asbestos materials were
ban at first by SOLAS on 01 July 2002 and totally prohibited, new installation
of materials which contain asbestos for all ships on January 1st 2011.
Verification that “new
installation of materials which contain asbestos” under SOLAS II- 1/3-5,
requires the Recognized Organization to review asbestos-free declarations and
supporting documentation, for the structure, machinery, electrical
installations and equipment covered by the SOLAS Convention, which is to be
provided to the Recognized Organization by shipyards, repair yards, and
equipment manufacturers for:
- New construction
(keel laid, or at a similar stage of construction, on or after 1 July
2012);
- Conversions
(contract date for the conversion or, in the absence of a contract, the
date on which the work identifiable with the specific conversion begins)
on or after 1 July 201
What SOLAS
II-1/3-5 did is to prohibit its use and does not state in a clear manner if
this prohibition shall be applied retroactively to existing ships.
Contrary the
IMO has issued MSC/Circ. 1045 "Guide Lines for Maintenance and Monitoring
of On-Board Materials Containing Asbestos (Adopted 28/05/02).
Basically in
this MSC circular state that a successful maintenance and monitoring program
should include the Following:
1. Notification: All those affected are
informed
2. Surveillance: Regular inspections to access and
document any changes (Manage the Risk)
3. Controls: Control all Work that can disturb
asbestos-containing materials (Risk Assessment)
4. Work Practices: focuses on special set of
practices (Risk Assessment)
5.
Record Keeping for third parties
6.
Training
Based in
before said the free asbestos declaration it is a necessary and good practice especially
if we take in to account that the known presence of Asbestos-containing
material means:
- A breach in one of
the objective of the ISM code which is to ensure safety at sea, prevent
human injuries or loss of life and avoidance of damage to the marine environment
and;
- MLC 2006 under Reg.
4.3 demands from every member to ensure that seafarers on ships that fly
their flag are provided with occupational health protection and live, work
and train on board ship in a safe and hygienic environment.
Declaring the
presence of asbestos-containing materials to the flag administration no
necessarily means that it have to be removed from the ship, although is true
that this will be their decision based in the assessment done by the company
and the risk involved. An exemption certificate based on MSC.1/Circ.1374, that
the ship is exempted from the requirements of Regulation II-1/3-5 of SOLAS
convention will be issued by the administration, this exemption may be for a limited
period of time after which the asbestos material shall be removed or for unlimited
time depending of the risk assessment made by the company, the control
measurements implemented and the risk involved for the crew.
In any case
confirming the existence of asbestos on board and being issue with an exemption
certificate will allow application of MSC Circ.1045 which will allow all
parties to mitigate the risk and may release the Ship Owners/Managers and
Master of any liability at the court of law if any injuries or loss of life are
demonstrated as a consequences of the asbestos-containing material on board.
