Inventory of Hazardous Materials (IHM) & alleged Asbestos Presence onboard Seagoing Vessels

As I write these lines, we are already in October of 2021, heading towards to celebrate one year (or six months, whichever might be the case) from the date of implementing mandatorily the existence of an approved and certified Inventory of Hazardous Materials (IHM) Part I onboard all seagoing vessels, above 500GT, under EU Flags or calling at an EU Port, even under a non-EU flag.

At ICS SOLIX, having prepared IHM Part I for almost 700 vessels, of all sizes and types, during 2021, we were amazed to receive calls from clients, regarding Asbestos presence that was “allegedly” found onboard some of their vessels, by some “alleged HazMat Experts”. Moreover, we have been quite surprised, realizing that the so significant Asbestos Detection onboard a vessel was performed with so low standards and/or by little or not at all scientific approach.

Let me explain.

ASBESTOS DETECTED ONBOARD DURING IHM SURVEYS

We received numerous calls from clients, requesting to help them with some of their vessels, due to the fact that some “HazMat Experts” had spotted Asbestos onboard. Abiding by the internationally accepted practices, we proposed that results should be repeated and validated, so that Asbestos Presence can be positively confirmed. Given the fact that, in the case of Asbestos Presence onboard, serious SOLAS Regulations are applicable, potentially creating extra costs for ship owners, acting as BOHS certified Asbestos Surveyors, we proceeded to re-sampling in “allegedly ACM” locations, only to find that no reference and/or mark was available (photo, drawing, sampling label), for the sampling spots, from previous sampler. This created a gap which made results validation impossible. Nevertheless, we proceeded to sampling, in the vicinity, taking samples from same/similar material, present at designated locations. Samples were sent to an ILAC/MLA-accredited laboratory, and it was proven that no Asbestos was contained. An additional IHM Survey proved that, indeed, in no place onboard, was Asbestos present.

To be clear, implying that Asbestos is present onboard a vessel that has been built after 2002, except for some Gas Carriers, or after 2011, for all vessels, would be a very serious allegation, which needs adequate scientific expertise, to back it up. And this is because Asbestos use onboard vessels was universally and horizontally banned by SOLAS on 2011, with no exceptions i.e. regarding concentration and/or asbestos mineral type, applicable. So, since then, seaworthiness of a vessel is reflected in various Statutory Certificates. Consequently, implying that Asbestos is present onboard such a vessel, especially for fixed structural materials i.e. insulation, is equal to implying that someone involved in the shipbuilding procedures, either as a builder or a certifier, has made serious errors, which – of course – would raise serious claims, related to the liability that is inherent to these activities. Actually, it would be like saying that actually nothing is assuring that your vessel is not containing Asbestos, although you paid for it, and no-one is to be held responsible, in the case that Asbestos is surely found.

Additionally, what puzzled us is that previous “Expert” did not bother to cross check findings rather that declaring the sampling point as Asbestos Containing. As it is widely acceptable, double-checking, by reproduction of test result, in the commonly accepted approach.

Moreover, we noticed that the so-called “HazMat Expert” went on declaring all similar material items as Asbestos containing, with even bothering to perform the SOLAS-implied Asbestos Survey, in order to quantify the extent of allegedly use of Asbestos onboard and propose to the ship-owner proper measures for Asbestos Monitoring.

Let us highlight that, as it is implied by SOLAS (MSC.1/Circ. 1374), Surveyors and inspectors that are charged with asbestos investigations on board ships should be trained in recognizing asbestos and ACMs while They should also be trained in taking samples and should be instructed when to call in experts to conduct the investigation. To our knowledge, to become a “HazMat Expert” and, thus, sample – amongst others – potential ACMs, none of the bodies providing Approvals requires to be a certified Asbestos Surveyor nor provides specific sampling training. How we know this? Because, apart from being Engineers, we are both certified BOHS Asbestos Surveyors AND approved HazMat Expert so we have attended all available courses on both aforementioned.

In a nutshell, regarding Asbestos Detection onboard Seagoing Vessels, during IHM Surveys, we were extremely puzzled by the messy approach which, of course, leads to extra cost and work for the ship-owner, who is responsible for coming up with Asbestos Management plans and, as per SOLAS, removal by an approved contractor, within 3 years from the day contravention was found. Of course, we should not neglect to mention that a lot of such “HazMat Experts”, right after IHM fuss was over, started to offer Asbestos Management Plans, creating thus a niche market, to their convenience.

ASBESTOS REMOVAL ONBOARD SEAGOING VESSEL

As it is implied by SOLAS (MSC.1/Circ. 1374), when asbestos is detected on board, in contravention of SOLAS regulation II-1/3-5, action should be taken to have it removed. The removal – assigned to professional asbestos removal companies – should take place within a time frame of 3 years from the date when the contravention is found while, in SOLAS MSC/Circ. 1045, Planned repairs or removal of such materials should be carried out by specialist personnel where Qualified, trained and experienced contractors should be used for any of these actions, always in aware of any national and local regulations that pertain to abatement actions to deal with asbestos-containing materials. Par example in Greece, a Company has to hold a specific Type A Permit, in order to perform Asbestos Removal works

Pertaining to it, during 2021, it came to our attention that, in some cases, Asbestos Abatement seemed to have been carried out in the least – if not inappropriate – way, in terms of Asbestos Removal best practices. No adjacent areas covering, no negative pressure booth, no decontamination, no “HOT-COLD” areas, no breathing apparatuses. To cut to the chase, not acceptable and, most importantly, not compliant.

CONCLUSION

What should be of interest to a ship owner is the fact the ship owner is the only entity to be held responsible against any liabilities arising, for actions taken onboard a vessel under his ownership. So, engagement of an Expert and/or a Contractor, in order to take certain actions, on behalf of the owner, so that the vessel achieves compliance, in accordance with applicable Legislation, should be done with significant scrutiny, introducing terms such as Supplier Vetting.

Moreover, when it comes to Asbestos, it is of great importance to be proactive and strict when it comes to choosing both an Expert and a Contractor, in order to perform Asbestos Detection & Sampling, develop Asbestos Management Plans and, if required, conduct Asbestos Removal.

Expert is a professional title, to highlight that the person bearing it has all the official credentials to form an opinion on a specific issue, related to hers/his expertise and being accounted liable for it rather than a self-proclamation that one may attribute to herself/himself, in order to enter a field with certain requirements.

Asbestos Presence onboard seagoing vessels is a quite important issue, related solidly to Safety of the vessel. Consequently, it is strongly recommended that all appropriate steps are taken, in order to ensure that your vessels remain compliant and safe, in accordance to applicable Rules and Legislation.

For more info on Asbestos Management onboard seagoing vessels, contact us at [email protected].