Ebola has forced a tightening up of health regulation enforcement, says Martin Rushmere
Uniform measures to intensify medical and health precautions are being taken across the world because of Ebola. And not before time as industry insiders note that many countries have become complacent and even lax about enforcing regulations; the new epidemic has shaken them up.
Whether motivated by a desire to avoid taking the blame and responsibility, or because of genuine concern about taking the best and strictest precautions, the reaction has been to step aside and let central governments take charge.
International alarm over Ebola has also led to much greater vigilance against stowaways.
“Many of the crews on the major shipping lines are from poor backgrounds in poor countries,” says a UK port analyst, “and sympathise with stowaways. But Ebola has made everyone jumpy and the habit of looking the other way has disappeared - although for how long it remains to be seen.”
South Africa appears to be an exception to this, with an increasing number of stowaways being found there, especially in Durban. P&I associates in South Africa have issued a strong warning about the situation.
SHIPS that have called in a West Africa country affected by the Ebola outbreak are required to contact their local agents before arrival at ports of call for the latest country specific advice, an advisory from the International Transport Intermediaries Club (ITIC) said.
Flag questions
Foreign flags are also coming under scrutiny, particularly Liberia, the worst-hit country. Some countries are said to be discreetly lobbying the IMO to rethink the policy and regulations on foreign registries, taking a “told you so” approach and saying that the easier rules of foreign registries are coming back to haunt lines that sail under foreign flags.
All medical requirements are being strictly enforced, such as yellow fever vaccinations (seen by many countries as meaningless), as part of the general shake up. Most countries are insisting on a declaration of the last 10 ports of call and/or the itinerary for the past 21 days.
Many lines have taken a similar decision to Maersk and have stopped shore leave at the affected West African countries.
The unspoken concern is cost. Ports are straining their budgets to provide equipment and properly trained staff. If and when the epidemic dies down, the bills will be passed up the chain of authority to land on the central government's desk.
Looking at national and regional responses, there are heightened concerns in Spain over migrants. All vessels must now submit their Health Maritime Declaration prior to arrival at Spanish ports. Health Authorities will take all necessary precautions (inspections, shore leave prohibition, etc.) only for vessels coming from affected countries (Guinea Conakry, Sierra Leone, Liberia and Nigeria) or that have visited any of these countries lately. Every Master must report any illness symptoms among his crew. Any ill crew member must complete a form indicating (among other information) the last countries he has visited.
France is being particularly careful about Le Havre. For vessels that have touched a port from West Africa in the past 30 days, waste has to be landed and incinerated via a specialised local waste collector (special procedure to be established).
Monitoring role
Meanwhile, the UK Maritime and Coast Guard Agency says it is “monitoring” all ships from affected countries. “Where a UK port or pilot service is to board or handle a VOI they are to contact MRCC Solent (Solent Coastguard) when the vessel is within four hours of a port/pilot station to check if the VOI has been subject of a SAR or medical advice or medical evacuation event. If a VOI, the port or pilot service can, depending on the circumstances, take appropriate advice and guidance.”
In the US, ports are following instructions by the Coast Guard and Homeland Security. All vessels arriving from Ebola-affected ports must inform the relevant port authority 15 days prior to arrival if any person on board has any communicable disease (including Ebola).
Rachel Campbell, spokeswoman for Los Angeles, (which, together with Long Beach, handles 40% of national container traffic) says: “We are currently unaware of any immediate health or safety threats with respect to vessels entering the San Pedro Bay complex. Foreign-flagged vessels are required by federal law to immediately report illnesses to the Department of Homeland Security (DHS), including the US Coast Guard. If an illness is reported, the Centers for Disease Control (CDC) is immediately notified. A vessel may be quarantined from entering the port complex until cleared by officials including CDC.”
In Argentina's River Plate area pilots are not allowed to board any vessels arriving from Ebola affected ports until further notice.
In Brazil, all vessels calling in the country must produce a Maritime Declaration of Health 12 hours before arrival in port. Brazil's health service, Anvisa, says that ships that docked in Ebola-affected countries in the last 21 days will receive clearance only after medical records and logs showing medicine used have been scrutinised. Origin countries include Guinea, Liberia, Sierra Leone, Nigeria and Senegal.
“The ship that arrives from affected areas with no suspected case is cleared by communication over the radio. Inspectors may come onboard to verify, in detail, the sanitary conditions,” Anvisa said. If Ebola is suspected, vessels will be taken to an “isolated location”.
Advance notice
South Africa, which has the most traffic of general cargo in Africa, has issued detailed bulletins to all ports of arrival procedures and health precautions. “Prior to boarding a vessel call up Port Control and confirm Free Pratique has been received and also enquire about last three ports of call. Security to also check with ISPS pre-arrival notification. Upon boarding confirm Health Status of crew with Master.”
The Panama Canal Authority “will immediately alert MINSA's (the national health agency) Maritime Sanitation representatives of any vessels arriving in Canal waters whose previous 10 ports were from an Ebola affected country. The ACP will await clearance from the Maritime Sanitation representatives prior to boarding these vessels that are scheduled for inspection and transit.”
China has imposed strict precautions for Fujian province Shantou port and Hainan province. Crewmembers' temperature records and the vessel's navigational record for the three weeks before the vessel's arrival have to be reported - and body temperatures will be taken on arrival. Shanghai is undertaking a “strict quarantine inspection” of every ship from Guinea, Liberia, Sierra Leone and Nigeria, but no details have been given of what this entails or what the length of quarantine might be.
The IMO and various national maritime agencies, such as the International Chamber of Shipping, are taking their lead from the World Health Organisation.
Questioning the 'safety of ports
UK consultancy Gray Page has tackled the question of ships avoiding Ebola ports.
Under time charters, the consultant advises that the general rule is that the Master is obliged to follow charterers' orders and a charterer is to pay hire continuously through the charter period.
“Whilst the Safe Port warranty generally relates to the safety of the vessel and cargo, an unacceptable risk to crew may render the port unsafe. Nevertheless, the presence locally of Ebola may not render a port unsafe per se, particularly if there is to be no direct physical contact between the crew and persons at the port.”
The procedure is slightly different under a voyage charter. Here, the charterers' primary obligation is to nominate a port which is prospectively safe. If the port becomes unsafe after nomination, owners and charterers can check whether the charter party has a Liberty clause which may be invoked.
Regarding Delay/Off-hire, Gray Page notes that delays at both Ebola-affected ports and for vessels arriving at other ports after calling at Ebola-affected ports “are to be expected”.
“Unless the charterparty has express terms dealing with Delay or Force Majeure, owners and charterers should consider agreeing how to best deal with this problem. There is a risk that a vessel could be placed off hire if it is quarantined prior to being allowed entry to a port. Therefore, Quarantine and Free Pratique clauses should be examined as they may affect both the commencement of Laytime and the giving of Notices of Readiness.”
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