Working Conditions Aboard the Torrance

The Australian Transportation Safety Bureau (ATSB) has unveiled its thorough investigation into the cargo spill incident involving the container ship 'APL England', currently known as 'ZIM Haifa', which took place off Australia's eastern coastline on May 25, 2020. The report pinpoints significantly corroded lashing arrangements as a primary factor in the loss of cargo during the voyage. On its journey from Ningbo to Australia, the ship carried 3,161 containers, but before setting sail, the captain and chief mate identified nine lashing force exceedances on the ship's load computer. They decided to proceed without making necessary adjustments, banking on the ship's change in ballast and fuel to rectify the issue throughout the trip. As the vessel approached Australian waters on May 22, a weather system formed off the coast of New South Wales, bringing swells of approximately 15-20 feet. On May 23, while navigating past Port Macquarie, worsening weather conditions forced the master to reduce the vessel's speed to seven knots to mitigate rolling. The crew conducted checks on all lashings. However, by that evening, wind speeds escalated to 45 knots and wave heights reached 18-25 feet, causing significant rolling that persisted for hours, awakening crewmembers and triggering alarms in the engine room. Around 6 a.m. on May 25, the rolling intensified significantly, resulting in the main engine losing lube oil suction and shutting down automatically due to loss of oil pressure. Faced with hazardous weather, the master and chief mate decided to alter course and head north. As dawn broke, the mate observed that multiple container stacks had collapsed, one behind the accommodations block and another in front of the wheelhouse. With heavy weather forcing the closure of Sydney and surrounding ports, 'APL England' continued towards Brisbane, the nearest safe port. Upon arrival on May 27, inspectors discovered 50 containers had been lost overboard, and another 79 were damaged. In addition, they identified over 550 corroded or worn lashing plates in need of replacement, along with substantial deck steelwork repairs, including areas where containers had fallen. Some lashing plates had deteriorated to below 5 mm effective cross-sectional thickness, down from their original 25 mm. Following the accident, 'APL England' underwent repairs, and its parent company CMA CGM implemented safety measures in response to the findings of the ATSB. Class society DNV also introduced new guidance regarding acceptable wear levels for container lashings. After completing a yard period, class surveyors noted many corroded brackets and stiffener plates still required attention. The vessel was sold to new owners soon after and continued operations as 'ZIM Haifa'. In the last two years, inspections have highlighted around 20 deficiencies aboard the 'ZIM Haifa', including critical issues with propulsion, electrical systems, and steering gear. Malaysian national Capt. Mohd Zulkhaili Bin Alias, who was the master of the 'APL England' during the incident, is currently facing a criminal charge for taking a vessel to sea while unseaworthy. He has been permitted to return home pending trial. For more details and photographs related to this incident, please refer to the ATSB report here: https://maritime-executive.com/article/atsb-corroded-steel-contributed-to-apl-england-cargo-spill.

In a significant legal development, the captain of the APL England, now known as ZIM Haifa, has been formally charged with operating an unseaworthy vessel nearly 20 months after the ship lost numerous containers during a severe storm. The Brisbane court's ruling opens the door for a trial concerning the circumstances surrounding the incident that occurred on May 24, 2020, while the vessel was en route from Ningbo to Melbourne. The Australian Maritime Safety Authority (AMSA) has brought charges against Mohd Zulkhaili Bin Alias, a 44-year-old Malaysian national who was at the helm during the stormy conditions 46 nautical miles southeast of Sydney. On that fateful day, the vessel was subjected to gale-force winds, which resulted in the loss of 50 containers, with an additional 63 sustaining damage. Of the lost containers, 23 were empty, while one contained dry powder fire extinguishers considered dangerous cargo. The remaining containers held a variety of goods, including furniture and medical supplies. During a hearing on January 24, 2022, prosecutors initially aimed to establish charges regarding pollution and illegal dumping. However, they could not substantiate the claim that plastic waste had been discharged into the ocean, leading to a dismissal of those charges by the court, which sided with the captain’s defense. Subsequently, the prosecution adjusted its approach, focusing on the vessel’s seaworthiness at the time of sailing. The court concurred, determining that the captain had indeed operated the ship under unsafe conditions. Currently, Mohd Zulkhaili Bin Alias is out on bail in Malaysia while awaiting trial. The Australian Transportation Safety Bureau (ATSB) has been conducting an ongoing investigation, which has yet to release its conclusive findings. Preliminary insights from the ATSB indicate significant concerns regarding the ship's structural integrity, including heavily corroded lashing equipment that failed due to rust, inadequately maintained container guides, and an array of other serious deficiencies. ATSB safety investigators, responding to the incident, boarded the ZIM Haifa in Brisbane to assess the damage, examine the lashing systems, and interview the crew. The report highlighted that while some equipment appeared to be in good condition, critical ship fittings, including lashing eyes and deck structures, exhibited severe corrosion, casting doubt on the vessel's overall safety measures. Further inspections revealed potential issues with container stowage arrangements, including missing twistlocks and the use of non-standard height containers, which could have compromised the stability of the cargo. The ATSB's preliminary evaluation concluded that although the vessel slowed during the storm, it still experienced hazardous rolling, which triggered alarms related to the steering system and engine functions. Collectively, these findings pointed toward a failure to adequately secure the load in compliance with maritime safety standards, establishing grounds for the charge of unseaworthiness. The prosecution's assertion holds that the vessel’s loading in China did not meet necessary safety benchmarks, thereby placing the voyage at an increased risk amid the ordinary challenges of maritime navigation.

The vessel formerly known as 'APL England', now rebranded as 'Torrance', faced severe scrutiny in a Brisbane court regarding its seaworthiness during a significant incident in May 2020, when it lost 50 containers overboard off Australia's eastern coast. During a hearing on July 5, 2021, it was revealed that the lashing plates on the ship were severely corroded, contributing to its unseaworthy status. The ship's Malaysian captain, Mohd Zulkhaili Bin Alias, faced two charges related to this incident that occurred while the vessel was en route from China to Melbourne. The circumstances intensified when rough seas struck, prompting the unfortunate loss of around 50 containers after 70 others shifted. During the proceedings, commonwealth prosecutor Nicholas Robinson QC noted that the ship had been "not safely loaded" in China, highlighting the inadequates of tightening techniques and the overall handling of the cargo. Originally charged with improper disposal of waste and failing to prevent pollution, Alias's charges evolved to include taking an unseaworthy vessel to sea, as affirmed by the court. In June, he received permission to leave Australia and return home. The Australian Maritime Safety Authority (AMSA) subsequently ordered the vessel to Port of Brisbane for an inspection following the incident, which occurred approximately 75 kilometers off the coast of Sydney. The investigation included testimony from AMSA officials, including two port surveyors and a coxswain, who carried out a forensic examination of the lashing plates. The court learned that the coxswain had cut samples from the deck for analysis, given their condition. Defense attorney Sophie Harburg sought to cross-examine these expert witnesses regarding their observations and expertise, though this request faced opposition from the prosecution. Magistrate Paul Byrne emphasized that shipping lines should anticipate the worst potential weather conditions and secure loads accordingly, refusing the defense's application for cross-examination based on this principle. The case is scheduled to continue in the same court on July 23, with a committal hearing yet to be determined.