Sunday, February 28, 2010

OOOOOOPS!!!

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Update on Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from Ships

An update with New Regulations of the People's Republic of China (PRC) on the Prevention and Control of Marine Pollution from Ships ("the Regulations") which are due to take effect on 1 March 2010, but that the requirement for "operators" of any ship carrying polluting and hazardous cargoes in bulk or of any other vessel above 10,000 gt to conclude a pollution clean up contract with an MSA approved pollution response company before entering a PRC port would probably be postponed.

But on the International Group's understanding that the Regulations will still become effective on 1 March 2010. However, the International Group understands that the PRC's Maritime Safety Agency (MSA) has not completed the approval of contractors who will act as spill response organisations in accordance with the Regulations and has not agreed the standard contractual terms under which such organisations will operate.

As a result, the International Group's understanding remains that the date for operators to pre-contract with an approved pollution response contractor (1 March 2010) will not be enforced and that shipowners may have a further three months from the date on which the list of approved contractors and the standard contractual terms under which they will operate are published to make the necessary arrangements in order to ensure compliance.

The International Group will continue to engage with the PRC MSA in this regard and a further update to members will be provided in due course.

As noted, Members should continue to work on the basis that the other provisions of the Regulations will become effective on 1 March 2010.

Saturday, February 27, 2010

Hanjin to build world’s biggest container ship in Subic

Hanjin to build world’s biggest container ship in Subic
Wednesday, February 24, 2010
Written by Henry Empeño / Correspondent

SUBIC BAY FREE PORT—Following the completion here of APL Bahrain, a 259.8-meter-long container ship which is said to be the biggest vessel to be built in the country, shipbuilder Hanjin Heavy Industries Corp. Philippines Inc. (HHICP) announced it will next build the biggest container ship in the world.

Hanjin officials announced the firm’s next big project during the visit of President Arroyo at the Hanjin shipyard last week.

“We will [soon start] fabricating the biggest container ship in the world,” said Jeong Sup Shim, whom Mrs. Arroyo acknowledged as the founding president of HHIC Philippines.

The ship will be finished by late next year or early 2012, Shim said during an impromptu press briefing upon Mrs. Arroyo’s arrival at the Hanjin shipyard in Subic’s Redondo peninsula.

Hanjin officials announced earlier that the company—now the fourth-biggest shipbuilder in the world—will soon start the construction of ultralarge oil tankers and Capesize-type bulk carriers.

Recently, the firm signed a contract with Taiwanese shipping firm Hsin Chien Marine Co. Ltd. for two 180,000-ton Capesize bulk-carrier vessels, Hanjin’s first orders here in the ultralarge-vessel market.

Hanjin will deliver the first Capesize vessel by September next year.

In January the Korean shipbuilder also delivered to the Kaptanoglu Shipping Lines, a Turkish company, the 114,000-deadweight-ton MT Leyla K, the first oil tanker to be built in this free port.

Hanjin officials said the completion last year of the company’s facilities-expansion program at its $1.7-billion Subic shipyard would allow it to build Capesize vessels and catch up with Korean rivals like Hyundai Heavy Industries, Samsung Heavy Industries, and Daewoo Shipbuilding & Marine Engineering.

According to the Subic Bay Metropolitan Authority, which signed in Hanjin as a Subic-registered investor in 2005, the Korean shipbuilder has lined up for fabrication here some 36 vessels, with delivery schedules before the end of 2012.

After constructing its shipyard at the Redondo peninsula in 2006 and 2007, the firm delivered in 2008 the first Subic-made container ship, MV Argolikos, which was delivered to the Greek shipping company Dioryx.

By the end of 2009, Hanjin already finished constructing eight container ships here.

With these projects, Subic Bay Metropolitan Authority Chairman Feliciano Salonga said Hanjin has put the Subic Bay Free Port on the maritime map.

Intelligence

Intelligence
General intelligence is an abstract notion developed in 1904 that has always been somewhat controversial.

"People noticed a long time ago that, in general, people who are good test-takers did well in a lot of different subjects," explained Young. "If you're good in mathematics, you're also usually good in English. Researchers came up with this idea that this represented a kind of overall intelligence."

Friday, February 26, 2010

8 WAYS TO PREVENT SKIN CANCER

1. Reduce Sun Exposure

· Especially between 11 am and 4 pm, when the sun’s UV rays are the strongest.

2. Shade your Skin

· Seek shade under trees, or create your own shade with a hat, short, or umbrella.

· Wear clothing to cover your arms and legs. Make sure the fabric has a tight weave.

· Wear a wide brimmed hat and sunglasses with UV protection.

3. Beware of clouds

· Up to 80% of the sun rays can penetrate light clouds, mist and fog. You can still get sunburn on a cloudy day.

4. Remember about Reflection

· Water, sand, snow and concrete can reflect up to 80% of the sun’s damaging rays.

5. Slop on the Sunscreen

· Use sunscreens with an SPF 15 or more that contain both UVA and UVB protection.

· Apply sunscree 15-30 minutes before going outside, and reapply every 2hrs.

6. Avoid tanning salons and sunlamps

· These lights emit mostly UVA radiation – up to 2 – 5 times as much as natural sunlight. UVA radiation causes sunburn, premature aging of the skin and skin cancer.

· The UVB radiation from tanning lights is the main cause of sunburn and skin cancer and also contributes to premature skin aging.

7. Protect Children

· The most harmful effects of sun exposure occur during early childhood. Keep babies under 1 year out of direct sunlight. Once infants turn 6 months of age, begin using a sunscreen for added protection.

8. Spot Check Your Moles

· Examine your moles and freckles every month to check for any changes. See your health care provider immediately if you notice any new growth or the following:

o a mole or discolouration that appears suddenly or begins to change

a sore that does not heal

Thursday, February 25, 2010

Defying Gravity

A road to well-being

Health promotion

Health is now a routine feature of the workplace and is very much on management's agenda. The basic premise is that healthy people work more efficiently and safely. They have less sick leave and better overall quality of life.

Health and lifestyle are major factors in the risk of obesity, lifestyle diseases, quality of life and life expectancy. Our daily well-being and how we handle the challenges of our work depend very much on how healthy we are.

US Navy stops pirate attack

23 Feb 2010 - Eight suspected pirates have been detained by the US Navy after an attack on tanker Barakaale 1 in the Gulf of Aden.
USS Farragut responded to a call for help from the 3204 dwt tanker after it was attacked by a pirate skiff, according to the Combined Maritime Forces today. It is not clear when the incident took place.
During the pirate attack on the MV Barakaale 1, the crew adopted defensive manoeuvers which resulted in a suspected pirate falling overboard whilst attempting to board the vessel. The skiff rescued their accomplice and attempted to board MV Barakaale a second time, but they were unsuccessful.
A helicopter was then sent by USS Farragut to help the tanker. After several warnings, the helicopter fired shots across the bow of the skiff, causing it to stop, the CMF said. A team fro USS Farragut then boarded the skiff and detained its crew.
Source: CP World

a quote

~ Change and growth take place when a person has risked himself and dares to become involved with experimenting with his own life. ~ Herbert Otto



make it possible

~ All men dream, but not equally. Those who dream by night in the dusty recesses of their minds wake in the day to find that it was vanity: but the dreamers of the day are dangerous men, for they may act their dream with open eyes, to make it possible. ~

Wednesday, February 24, 2010

Top Ten Unveleivable Lawsuits

Studies have shown that the US spends over $200B in civil lawsuits every year. It comes as no surprise that personal injury lawyers are having their field day and that law schools in the US are packed with eager entrants who want to join the bandwagon. Our list of top 10 most bizarre or frivolous lawsuits is a strong proof that we are going to see more of these fantastic court battles for many years to come.

1. McDonald’s vs Common Sense
In 1992, Stella Liebeck sued McDonald’s for gross negligence for serving coffee that was too hot. Amazingly, the court concurred with Liebeck and ordered McDonald’s to pay Liebeck $160,000 for compensatory damages and $2.7 M for punitive damages.


2. Woman vs Act of God
We are all aware that weather forecasts are not precise. However, this seemed to be not acceptable for an Israeli. The woman sued a TV station for erroneously predicting a fair weather during a day when there was a heavy downpour. She sued the TV station for damages and was awarded by the court $1,000.


3. Anheuser-Busch vs Man
Previously, there was this popular ad released by Anheuser-Busch, maker of Budweiser beer, where two women suddenly materialize in front of two astonished truck drivers. A man from Michigan sued the company for deception through false advertising. He claimed that no women appeared after he bought and drank a case of Budweiser beer. Luckily, the court ruled in favor of Anheuser-Busch.


4. PETA vs Division of Wildlife and Fish
PETA, the organization of animal welfare advocates, held a protest in 2001 to defend the deer’s right to live. After their anti-hunt rally, two members of the group accidentally run over a deer along the highway while driving back home. The group filed a complaint claiming that the program on deer management by the Division of Wildlife and Fish of New Jersey was faulty.


5. Traffic Cop vs Underwear
A 52 year old LA traffic officer filed a damage complaint against Victoria’s Secret. The damage complaint arose from the injury on his eye when it was hit by a metal clip that got dislodged while he was trying to wear a new tight-fitting thong.


6. Medera City vs Tasers
A California police officer named Marcy Noriega decided to use the taser on a suspect who became violent and uncontrollable while inside a police car. Unfortunately, because of the commotion, Noriega mistakenly drew his gun instead of the taser and fatally shot the suspect in the chest. The maker of the taser was sued by the Madera City claiming that any police officer will mistakenly draw their gun instead of the taser.


7. Holy Roller vs Magicians
This is one of the most amazing cases among our list of odd lawsuits. A Minnesota resident has sued David Copperfield and David Blaine. Christopher Roller is demanding full disclosure from the two famous magicians of all the secrets and tricks behind their magical acts and performances. Roller is also demanding that he be awarded 10% of the total income of both magicians. Roller claims that he is god and that both Blaine and Copperfield are stealing his godly powers!


8. New Yorker vs Subway
A New York resident has sued the Subway for finding a 7-inch knife inside a sandwich that he was eating. He was not injured nor did he swallow the knife. He claimed that the event has brought untold stress to him and had “serious” stomach issues. He filed for a $1,000,000 damage claim.


9. Dukes Family vs Killer Whales
Daniel Dukes had wanted to live out his dream of swimming with a killer whale. He successfully sneaked into Sea World after closing time and dove into the tank. He died while fulfilling his dream. His family eventually sued Sea World for gross negligence claiming that the park failed to provide public warnings informing people that the killer whale can kill.


10. Man vs Himself
This one beats them all. Robert Lee Brock, an inmate in Virginia had wanted to be transferred to a mental institution. To achieve his goal, he decided to file a complaint against himself. He claims that he committed the crime while he was drunk which is contrary to his faith. He then sued himself for an astounding $5 M. He even had the gall to make specific claims against the state for the simple reason that he was denied of his opportunity to earn a decent living because of his incarceration


Source: www.top-10-list.org

The Ten Commandments for Those Over Forty Years Old

1. Focus on enjoying people, not on indulging in or accumulating material things.

2. Plan to spend whatever you saved. You deserve to enjoy it and the few healthy years
you have left. Travel if you can afford it. Don't leave anything for your children or loved
ones to quarrel about. By leaving anything, you may even cause more trouble when you
are gone.

3. Live in the here and now, not in the yesterdays and tomorrows. It is only today that you
can handle. Yesterday is gone and tomorrow may not even happen.

4. Enjoy your grandchildren (if you are blessed with any) but don't be their full time baby
sitter. You have no moral obligation to take care of them. Don't have any guilt about
refusing to baby sit any one's kids including your own grand kids. Your parental obligation
is to your children. After you have raised them into responsible adults, your duties of
child-bearing and babysitting are finished. Let your children raise their own offspring.

5. Accept physical weakness, sickness and other physical pains. It is a part of the aging
process. Enjoy whatever your health can allow.

6. Enjoy what you are and what you have right now. Stop working hard for what you do
not have. If you do not have them, it's probably too late.

7. Just enjoy your life with your spouse, children, grandchildren and friends. People, who
truly love you, love you for your self, not for what you have. Anyone who loves you for
what you have will just give you misery.

8. Forgive and accept forgiveness. Forgive yourself and others. Enjoy peace of mind and
peace of soul.

9. Befriend death. It's a natural part of the life cycle. Don't be afraid of it. Death is the
beginning of new and better life. So, prepare yourself not for death but for a new life
with the Almighty.

10. Be at peace with your Creator...For...He is all you have after you leave this life.

Do you agree?

One doesn't discover new lands without consenting to lose sight of the shore for a very long time.
- Andre Gide

Tuesday, February 23, 2010

Flightless Mosquito Engineered To Fight Dengue

US and British researchers have genetically engineered a strain of flightless mosquito that may help curb the spread of Dengue fever, a flulike disease that is endemic to over 100 countries and affects tens of millions of people every year.

The researchers, from the University of California, Irvine (UCI) in the US, the University of Oxford and Oxitec Limited in the UK, wrote about their work in a paper published online on 22 February in the Proceedings of the National Academy of Sciences, PNAS.

The idea is to introduce genetically altered males into the wild, they mate with wild females and the females of the next generation are rendered flightless. Males do not inherit the defect: they can fly as normal and show no ill effects from carrying the gene, said the researchers, but when they mate with females they pass on the gene.

The researchers wrote in their paper that they engineered "transgenic strains" of Aedes aegypti to have a "repressible female-specific flightless phenotype using either two separate transgenes or a single transgene, based on the use of a female-specific indirect flight muscle promoter from the Aedes aegypti Actin-4 gene".

The researchers estimated that if released, the new breed could sustainably suppress the wild mosquito population in six to nine months: "the strains are expected to facilitate area-wide control or elimination of dengue if adopted as part of an integrated pest management strategy", they wrote.

Monday, February 22, 2010

Entering Enclosed spaces

The human being requires an atmosphere of 20.8 per cent oxygen and 78 per cent nitrogen for well being. Any space that has less than 20.8 per cent oxygen is dangerous and will be eventually fatal to human.

Last week a number of fatal death's were reported due to entry to enclosed space ashore. In UK , realising the severe dangers of enclosed spaces the Health and Safety Executive passed the Cofined Spaces Act in 1997.

ECDIS AND THE LAW

Navigational use of an ECS or an ECDIS with non-government chart data would normally result in a major non-conformity during an ISM Audit or a port state control deficiency.

ECDIS intention is to improve safety. Utilizing non type-approved systems, however , may raise liability issues. Officers should be aware of the type of systems they have onboard and its operational limitations when using non-approved equipment. Owners with non-approved systems on their vessels must ensure that Solas chart carriage requirements continue to be met and that navigation is done on paper charts.

Friday, February 19, 2010

New ISO/IEC standard on risk assessment complements risk management toolbox

News Source: ISO
Sector: Risk Management
Two recently published ISO standards on risk management have just been joined by a third on risk assessment techniques. Together, they provide organizations of all types with a well-stocked toolbox for tackling situations that could affect the achievement of their objectives. ISO/IEC 31010:2009, Risk management – Risk assessment techniques, has been developed jointly by ISO and its partner IEC (International Electrotechnical Commission).

For more details pls visit: http://www.ms-asia.org/enews/new-isoiec-standard-on-risk-assessment-complements-risk-management-toolbox

RISK ASSESSMENT PRIOR LIFEBOAT WATERBORNE TEST



SHOWN IN THIS PHOTO IS THE ACTUAL WATERBORNE TEST OF PORT LIFEBOAT AT MONTREAL CANADA WHERE I TOOK CHARGE. RISK ASSESSMENT IS REQUIRED PRIOR TO LOWERING THE LIFEBOAT. SOLAS REQUIRES WATERBORNE TEST AT LEAST ONCE EVERY THREE MONTHS FOR DAVIT LAUNCH, AT LEAST ONCE EVERY SIX MONTHS FOR FREE FALL LIFEBOAT.

Tips For Safe Summer Fun

Drink plenty of liquids

Water is best, Caffeine, sodas, alcohol and even energy drinks can promote dehydration. Liquids with electrolytes such as Gatorade can be used when exercising or exerting oneself.

Use a beach umbrella, shade trees, or other shade structure to minimize sun exposure. Any portion of the body which is exposed to the sun should be protected with sunscreen, reapply as per directions on the product, if swimming, reapply when exiting the pool. Water will wash away or diminish the effectiveness.

Use sunscreen as directed

Pay close attention to the ingredients for possible allergies, if the product does not specify it can be used on the face, do not apply it to the face, as the body heats up, the sunscreen can “melt” and “run.” If not approved for use on the face, it can cause severe irritation, burning and stinging if it gets in the eyes.

“If you’re not making mistakes, you’re not taking risk, and that means you’re not going anywhere. The key is to make mistakes faster than the competition, so you have more changes to learn and win.”


- John W. Holt Jr

Thursday, February 18, 2010

Focus on seafarer education and training

Put more emphasis on the communication ability of seafarers: the new STCW 78/2010 amendments will require that seafarers have the ability to"understand the principles of, and barriers to,effective communication between individulas and teams within the ship, and to establish and maintain effective communication". by, Professor Liu Zhengjiang,Vice president of Dalian Maritime University

Did you know?


Einstein Failed his University Entrance Exam


In 1895, at the age of 16, Albert Einstein applied for early admission into the prestigious Federal Polytechnic School in Zurich Switzerland. He passed the Math and Science sections of the entrance exam, but failed the non-science subjects (history, languages, geography, etc.)!Einstein had to go to a trade school before he retook the exam and was finally admitted to the academy a year later.


Source: BSM Highlights

Wednesday, February 17, 2010

Falling down bridges

By Andrew Guest
What happens on the bridges of ships involved in incidents has become the focus of increasing attention as the industry, regulators and accident investigators ponder the causes.

Groundings and collisions continue to occur, sometimes when basic errors in seamanship have been made, but just as frequent are the failures of those on the bridge to communicate effectively and work as a team.

Within the space of a few weeks these dysfunctional bridges have been the subject of two warnings from accident investigators in the UK and Norway. Last month a casualty report into the grounding in 2008 of a bulk carrier under pilotage pointed out the Master and Chief Officer and the pilot had all undergone training in Bridge Resource Management (BRM) but still failed to work as a team.

The investigators from the Accident Investigation Board Norway (AIBN) spoke to other bridge teams and pilots and came to the conclusion that “Shipmanagement companies and the pilotage service are still lagging behind in establishing how to introduce the BRM principles in practice”.

The British Marine Accident Investigation Branch (MAIB) meanwhile told the industry in a recent briefing that in a number of incidents a breakdown in the application of bridge team management had been identified as “a major factor”.
Companies that train their officers in BRM and the like can only find out if it has been effective when it has to be put into practice in a real-life situation, rather than on a simulator where the consequences of failure are limited (perhaps being made to do it all over again). Near-miss incidents may be the next best thing, assuming the bridge teams make shore management aware they have occurred and an internal investigation is carried out. Sending officers found wanting on refresher courses might be a waste of time and money if BRM as a concept is flawed or if the training provider is substandard or the officers do not take it seriously enough.

Prevent Swimming-Related Illnesses and Injuries

Here are some key things you can do to reduce your risk of illness and injury and make your trip to the beach safe and pleasant for your family:

  • Avoid large crowds of bathers. The larger the number of swimmers, the higher the risk of illness transmission.
  • Don’t swallow swimming water. It’s probably impossible to avoid swallowing some water while swimming, but the less you swallow, the less likely you’ll consume enough to make you sick.
  • After swimming, wash your hands before eating.
  • Avoid areas where there is animal waste or obvious sources of pollution nearby, such as sewage discharge or stormwater pipes, or other obvious sources of pollution nearby. There are many bacteria, viruses and parasites that cause disease in humans that can be spread by fecal waste from wild and domestic animals, and humans.
  • Protect yourself from swimmer’s itch. Avoid swimming in areas where there is evidence of ducks and geese. Apply a good waterproof sunscreen prior to entering the water. And use a towel to dry off immediately after swimming.
  • Prevent drowning. Know where safety equipment, such as ring buoys and reaching poles, are located. Make sure personal floatation devices are available and are worn when boating. These are especially important for persons using canoes, inflatable boats, jet skis, and other powerboats. Carefully supervise young children and poor swimmers when near the water.
  • Avoid swimming in areas where there are obvious algae blooms. Some blue-green algae produce toxins, which have caused illness in pets and livestock. Keep children and pets out of the water when an algae bloom is present.

Enjoy! ;-)

Tuesday, February 16, 2010

Tolls not adding to shipping crisis, says Panama

February 2 2010, Financial Times

The administrator of the Panama Canal has vowed to press ahead with a programme of steep toll increases despite complaints that they are aggravating the shipping market crisis. Alberto Alemán Zubieta told the Financial Times that traffic through the canal, which links the Pacific and Atlantic oceans via an 80km waterway , had held up well during 2009 despite sharp toll rises.

Knowledge & Risk

Monday, February 15, 2010

Check Rest Period

The Danish Maritime Administration (DMA) has been urged to review its manning-hour requirement on board Danish-flag ships in light of recent findings from an accident report.

A Filipino rating was killed when he was hit by a moving lashings bin hewas trying to secure in heavy weather.The report blames fatigue for his poor decision making. It says tiredness contributed to the seafarer taking excessive risks, a common characteristic of fatigue.

Source: JAMS LRO News

If you don't know...

"If you don't know where you're going, any road will take you there"

from: http://www.pmtoolbox.com/project-management-news/a-collection-of-project-management-sayings-rewind

Sunday, February 14, 2010

Will you take the risk?

I hold it true, whate'er befall; I feel it, when I sorrow most; 'Tis better to have loved and lost Than never to have loved at all.
- Alfred Tennyson

THE MAIN AIM OF EDUCATION

"THE MAIN AIM OF EDUCATION IS NOT TO FILL PEOPLE'S HEAD WITH FACTS, BUT TO TEACH THEM HOW TO THINK AND USE THE FACTS" - albert einstein

DIFFERENCE BETWEEN RICH & POOR

The difference between Rich & Poor is not on their pockets,
but on their DIFFERENT IDEAS in managing their pockets.

*** derived from the Moral Values Formation Training & Seminar of
Pastor Rancho Villavicencio.

Environment Threat

The Canadian Arctic is melting "faster than most pessimistic projections"and its ecosystem "is under threat of collapse," according to CanadianProfessor David Barber.

Source: JMS LRO News

YOU

With a big heart you can do things that will amaze others. With a burning desire and strong determination to succeed, you can decidedly convert the impossible into reality. Never let anyone convince you that you are not good enough. Never allow anyone to question your heartfelt desire to be the best you can be! (That's Tony Lloyd in his Web Site weeklythought.com; he surely encourages us with his words)

Friday, February 12, 2010

EVERYBODY WANTS TO GO TO SEA... BUT THE SEA IS NOT FOR EVERYBODY

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new albert einstein NEW theory HAPPY VALENTINE ka-classmates

EINSTEIN Valentines Equations:

Equation 1
Human = eat + sleep + work + enjoy
Donkey = eat + sleep

Therefore:
Human = Donkey + Work + enjoy

Therefore: Human-enjoy = Donkey + Work
In other words,
A Human that doesn't know how to enjoy = Donkey that works.

Equation 2
Man = eat + sleep + earn money
Donkey = eat + sleep

Therefore:
Man = Donkey + earn money

Therefore:
Man-earn money = Donkey

In other words
Man who doesn't earn money = Donkey

Woman= eat + sleep + spend
Donkey = eat + sleep

Therefore:
Woman = Donkey + spend
Woman - spend = Donkey

In other words,
Woman who doesn't spend = Donkey

To Conclude: From Equation 2 and Equation 3

Man who doesn't earn money = Woman who doesn't spend
So Man earns money not to let woman become a donkey!

And a woman spends not to let the man become a donkey!
So, We have:
Man + Woman = Donkey + earn money + Donkey + Spend money
Therefore from postulates 1 and 2, we can proclude

Man + Woman = 2 Donkeys that live happily together!

NATO warship Absalon saves ship from pirate attack

Danish warship HDMS Absalon, who is part of NATO'S counter piracy operation in the Gulf of Aden rescued the cargo ship MV Ariella which came under attack by pirates, Feb. 5. The master of the Ariella had sent out a may-day call that pirates, armed with guns had boarded his ship and he needed urgent assistance.

MRM-Maritime Resource Management

We are trying to instill to our trainees to make use of the MRM Skills in order to have a better and safer working environment onboard vessel. Challenge and Response is one of the MRM tool, with the 4 day MRM Course we try to motivate participants to increase their level of assertiveness for them to possibly throw challenges in their work place but according to our Filipino participants coming from CMA CGM their foreign counterparts especially the Management level are only given 45 minutes of MRM and the rest are Simulator Ship handling Exercises in their training center in Marseilles, France. They should also be motivated and trained to respond to the assertiveness of Filipino seafarers to avoid potential clashing of personalities.

THIS IS TO REMIND THEM THAT MRM IS NOT A TECHNICAL COURSE , IT DEALS WITH THE PROPER MANAGEMENT OF THE SOFTWARE,HARDWARE & LIVEWARE RESOURCES ONBOARD & ONSHORE .

Supreme Court reiterates 120 day rule in a third decision

Supreme Court Associate Justice Conchita Carpio Morales has again ruled against vessel interests using the 120 day rule. In December 2009, Justice Morales issued two decisions using the 120 day rule and this time, in Quitoriano vs. Jebsens Maritime, G.R. No. 179868; First Division; January 21, 2010) she again ruled that a seafarer who is unable to work for 169 days, although eventually declared fit to work, is entitled to permanent disability benefits. The Labor Arbiter, the NLRC and the Court of Appeals had all dismissed seafarer’s complaint.

This particular decision again made no reference to the Justice Brion’s Vergara decision which clearly discussed and modified the 120 day rule and ruled that it should be a 240 day rule that should apply. It is the author’s opinion that the decision of Justice Morales does not overturn the 240 day Vergara decision as said new 120 day rule decisions never discussed the 240 day Vergara decision.

Rizaldy Quitoriano vs. Jebsens Maritime, Inc./ Ma. Theresa Gutay and/or Atle Jebsens Management A/S; G.R. No. 179868; First Division; January 21, 2010 ; Supreme Court Associate Justice Conchita Carpio Morales, Ponente.