Towards green marine technology and transport

TOWARDS GREEN MARINE TECHNOLOGY AND TRANSPORT IMAM_FM.indd i Tai ngay!!! Ban co the xoa dong chu nay!!! 8/6/2015 5:36:59 PM PROCEEDINGS OF THE 16TH INTERNATIONAL CONGRESS OF THE INTERNATIONAL MARITIME ASSOCIATION OF THE MEDITERRANEAN (IMAM 2015), PULA, CROATIA, 21–24 SEPTEMBER 2015 Towards Green Marine Technology and Transport Editors C Guedes Soares Instituto Superior Técnico, Universidade de Lisboa, Portugal R Dejhalla & D Pavletić Faculty of Engineering, University of Rijeka, Croatia IMAM_FM.indd iii 8/6/2015 5:36:59 PM CRC Press/Balkema is an imprint of the Taylor & Francis Group, an informa business © 2015 Taylor & Francis Group, London, UK Typeset by V Publishing Solutions Pvt Ltd., Chennai, India Printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY All rights reserved No part of this publication or the information contained herein may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, by photocopying, recording or otherwise, without written prior permission from the publisher Although all care is taken to ensure integrity and the quality of this publication and the information herein, no responsibility is assumed by the publishers nor the author for any damage to the property or persons as a result of operation or use of this publication and/or the information contained herein Published by: CRC Press/Balkema P.O Box 11320, 2301 EH Leiden, The Netherlands e-mail: Pub.NL@taylorandfrancis.com www.crcpress.com – www.taylorandfrancis.com ISBN: 978-1-138-02887-6 (Hbk + CD-ROM) ISBN: 978-1-315-64349-6 (eBook PDF) IMAM_FM.indd iv 8/12/2015 7:54:42 PM Towards Green Marine Technology and Transport – Guedes Soares, Dejhalla & Pavleti (Eds) © 2015 Taylor & Francis Group, London, ISBN 978-1-138-02887-6 Table of contents Preface xiii IMAM 2015 Organisation xv IMAM Organisation xvii Resistance and propulsion Hydrodynamic performance of an autonomous underwater vehicle with a swivel tail J Basic & B Blagojevic Numerical investigation of the impact of speed reduction on propeller excitation S Gaggero, T Gaggero, D Villa, E Rizzuto & J Hallander 11 Numerical study of wave loads on a submerged cylinder at low KC numbers G Lupieri & G Contento 23 Powering and seakeeping forecasting for energy efficiency: Assessment of the fuel savings potential for weather routing by in-service data and ensemble prediction techniques A Orlandi, F Pasi, V Capecchi, A Coraddu & D Villa 31 Uncertainty analysis of resistance tests in Ata Nutku Ship Model Testing Laboratory of Istanbul Technical University C Delen & S Bal 43 A hybrid numerical method for calculating self-propulsion characteristics of ships G.D Tzabiras & S.P Polyzos 51 Influence of propeller characteristics on propeller structural design C Bertoglio, S Gaggero, C.M Rizzo, C Vaccaro & M Viviani 59 Study and numerical simulation of the drag reduction on a flat plate lubricated by air injection by micro bubbles I Zotti & S Miotto Numerical hydrodynamic optimization of a tanker hull form D Legović & R Dejhalla Multi-objective optimisation of a semi-planing hull using CFD RANSE simulations with low number of cells A Agrusta, D Bruzzone & I Zotti 67 75 83 Seakeeping and manoeuvring An automatic track control for an autonomous model for towing tank tests F López Pa, A Deibe Díaz, M Míguez González & B Priego Torres Using time domain nonlinear ship motion simulations to assess safety of people and cargo onboard a container vessel G Bulian, L Moro, E Brocco, F Bresciani, M Biot & A Francescutto Simulation of the maneuvering behavior of ships under the influence of environmental forces D Chroni, S Liu, T Plessas & A Papanikolaou 93 99 111 v IMAM_FM.indd v 8/6/2015 5:36:59 PM An experimental study on the added resistance of a bulk carrier model D.E Liarokapis, I.G Tsami, J.P Trahanas & G.D Tzabiras 121 Integrated station-keeping and seakeeping predictions F Mauro & R Nabergoj 127 Investigation into the steering ability problems of compact hovercrafts A Odetti & M Mastrangeli 135 The effect of voluntary speed reduction criteria on attainable ship speed J Prpić-Oršić, O.M Faltinsen & J Parunov 143 An optimized path following algorithm for a surface ship model H Xu & C Guedes Soares 151 Seakeeping characteristics of intact and damaged ship in the Adriatic Sea I Martić, N Degiuli & I Ćatipović 159 A linear three-dimensional frequency-domain numerical model for the prediction of ship motions in regular/irregular seaways Y Welaya, T.M Ahmed & H.S Abdel Wahab 167 Eco-shipping project for Japanese coastal vessels—verification project for CO2 emission reductions with ship-scheduling/voyage-planning system T Kano, T Seta & K Sato 175 Fluid flows Hydrodynamic analysis of oscillating hydrofoils in waves and currents K.A Belibassakis, E.S Filippas, J Touboul & V Rey 185 Development of forces around a hydrofoil appendage of a sailing boat K.N Sfakianaki & G.D Tzabiras 193 The importance of accurate calculation of the nonlinear extreme wave kinematics in the design of offshore platforms K Chatziioannou, V Katsardi & E Mistakidis Ship hull form design and optimization based on CFD A.A Aksenov, A.V Pechenyuk & D Vučinić 203 215 Ship operation Logistic hub for offshore support maintenance P Asgari & A.C Fernandes 227 Optimization of spread mooring systems with Artificial Neural Networks M Yetkin & A Mentes 233 Simulations performed to analyze a collision between two ships in order to enhance maritime safety R Tromiadis, A Duse, R Hanzu-Pazara & R Dumitrache 239 Application of weight function method in the assessment of crack propagation through stiffened panel I Gledić & J Parunov 247 Feasibility project for shipping CNG from Cyprus to North Adriatic Arc G Trincas Solution of the nonlinear sum-frequency excitation problem of catenary pipelines using a frequency domain approach I.K Chatjigeorgiou Analysis of the influence of meteorological conditions on maritime accidents in the Adriatic R Popović, D Medić & P Komadina 253 263 273 vi IMAM_FM.indd vi 8/6/2015 5:36:59 PM Optimal allocation of response resources model verification on the example of oil spill on the Pomeranian Bay K Łazuga, L Gucma & M Perkovic 279 Marine structures Low cycle fatigue assessment of offshore wind turbine monopile supporting structure subjected to wave-induced loads B Yeter, Y Garbatov & C Guedes Soares 287 Progressive collapse analysis of a bulk carrier using IACS prescribed and NLFEM derived load—end shortening curves S Kitarović, J Andrić, K Pirić & M Bičak 295 Modelling ice characteristics in iceberg-ship collision analyses N Ferrari, E Rizzuto & A Prestileo 305 Evaluation of composite sandwich panel structural variants for fixed car decks in the upper cargo hold of the Ro-Ro car and truck carrier M Stipčević, S Kitarović, Đ Dundara & V Radolović 317 Strength assessment of a single hull damaged tanker ship subjected to asymmetrical bending loading M Tekgoz, Y Garbatov & C Guedes Soares 327 Ultimate strength of a box girder with a large opening subjected to flooding and bending loads S Saad-Eldeen, Y Garbatov & C Guedes Soares 335 Degradation of long plate’s ultimate strength due to variation on the shape of initial imperfections J.M Gordo & C Guedes Soares 345 Ultimate bending moment of a double span box girder with narrow stiffener’ spacing J.M Gordo & C Guedes Soares 355 Prediction of wave transmission coefficient using neural networks and experimental measurements V.K Tsoukala, Th Pyrpiri, M Chondros & V Katsardi 365 Ultimate strength of a corroded box girder subjected to pure bending and a non-propagating crack S Saad-Eldeen, Y Garbatov & C Guedes Soares 373 Application of photogrammetry techniques for the visual assessment of vessels’ cargo hold E Kolyvas, L Drikos, E Diamanti, A El Saer & I Lazakis 381 Design charts for quick estimation of wave loads on damaged oil tanker in the Adriatic Sea J Parunov & M Ćorak 389 Estimation of effective notch strain for fatigue strength assessment of welded structures under multiaxial stress state Y Dong & C Guedes Soares On the fatigue crack initiation point of load-carrying fillet welded joints Y Dong & C Guedes Soares 397 407 Ship structural reliability Probabilistic limit state analysis of ship survival index P Georgiev & L Naydenov Influence of corrosion-related degradation of mechanical properties of shipbuilding steel on collapse strength of plates and stiffened panels P Jurišić & J Parunov 419 427 vii IMAM_FM.indd vii 8/6/2015 5:36:59 PM Structural reliability assessment of accidentally damaged oil tanker B Bužančić Primorac & J Parunov 433 Risk assessment of LNG Offshore Floating units K.F Souza & O Benyessaad 441 Determination of safe maneuvering areas of towed sea barges carrying offshore wind farm elements in restricted waterways L Gucma, A Bąk & K Łazuga 449 Ship design Global ship hull description using single RBF D Ban & B Ljubenkov 457 Computational investigation of LNG storage tank for open type ferries G Theotokatos, G.A Livanos, E Strantzali, S Dimitrellou, D.N Pagonis, D Peirounakis & P Mizithras 465 Design of LNG storage and feeding system for an open type ferry G Theotokatos, G.A Livanos, S Dimitrellou, E Strantzali, D.N Pagonis, K Politis, A Theodoulides, D Peirounakis & P Mizithras 473 Influence of pre-defined non-dimensional ratios and affine mapping on ship properties P Georgiev & K Kolev 483 Experimental assessment of comfort on board planing hulls E Begovic, C Bertorello, S Pennino, V Piscopo & A Scamardella 493 Design Support System application to structural design of mega-yacht V Žanić, J Andrić, P Prebeg, K Pirić & L Radić 501 Dimensional line-up of river-sea navigation tankers G.V Egorov, I.A Ilnytskyi & V.I Tonyuk 515 Parametrical line-up of Black Sea cargo and cargo-passenger ferries G.V Egorov, I.A Ilnytskyi & D.V Chernikov 523 Main characteristics of “Dnieper-Max” class vessels G.V Egorov & A.G Egorov 531 Integration of a voyage model concept into a ship design optimization procedure M Ventura & C Guedes Soares 539 Shipyard technology Analysis of quality improvement models applied in shipbuilding projects T Bukša, D Pavletić, M Forempoher Škuver & J Bukša 551 Friction and resistance coefficients by end launching K Žiha, T Uroda, R Fabris & M Ivančević 561 Ship machinery Modelling the effect of exhaust valve timing on exhaust thermal management of a diesel engine system H.Ü Başaran 569 System control design of autopilot and speed pilot for a patrol vessel by using LMIs A Alessandri, S Donnarumma, S Vignolo, M Figari, M Martelli, R Chiti & L Sebastiani 577 Literature review of a LNG carrier machinery system C.R.P Belchior & C.H Marques 585 viii IMAM_FM.indd viii 8/6/2015 5:36:59 PM Diesel engine and propulsion diagnostics of a mini-cruise ship by using Artificial Neural Networks R Zaccone, M Altosole, M Figari & U Campora 593 Numerical analysis of tank heating coil heat transfer process I Pivac & G Magazinović 603 Numerical simulation of a two-stroke marine diesel engine M Tadros, M Ventura & C Guedes Soares 609 Dynamic reliability analysis tool for ship machinery maintenance K Dikis, I Lazakis & G Theotokatos 619 An innovative machinery data management system for ships using a catalogue data model A Taheri, I Lazakis & T Koch 627 Maritime transportation On seaport development and reform and their institutional determinants: A new theoretical approach K Ibrahimi Seaport institutional and operational competition: A theoretical approach K Ibrahimi A preliminary approach for establishing a new toll calculation method for transiting the Suez Canal—container ships M.M Abdel Naby & H.W Leheta 637 645 655 Integrating short sea shipping (RO-RO) in the inbound automotive supply chains Ș Burciu, F Ruscă, D Costescu, R Stoica & V Drăcșanu 661 Risk assessment for dangerous goods in maritime transport F Ruscă, S Raicu, E Rosca, M Rosca & Ș Burciu 669 Short Sea Shipping in Brazil on a national project of green corridor D.A Moura & R.C Botter 675 The new wave of port congestion and the impact of Ultra Large Container Vessels M Boile & S Theofanis 683 Economic assessment of LNG bunkering in the Portuguese coast T.A Santos & C Guedes Soares 695 Competition dynamics of ports in the Portuguese range T.A Santos, A.M.P Santos & C Guedes Soares 705 Safety and security Simulations performed on a bulk carrier in order to analyze the ship’s stability D Lamba, E Barsan, C Varsami & A Arsenie 717 Horizontal plane stability of a turret moored FPSO C.G Boisson Bastos & A.C Fernandes 725 Estimating the safety of STS transfer operations with fuzzy FTA N.P Ventikos & D.I Stavrou 733 Study on alignment of navigational information through transparent window J.M Lee, K.H Lee, D.S Kim, B.W Nam & R Li 741 Failure analysis of container stacks by non-linear FE simulations under non-linear inertial loads L Moro, G Bulian, E Brocco, F Bresciani, M Biot & A Francescutto 745 ix IMAM_FM.indd ix 8/6/2015 5:36:59 PM The importance of correct passage planning and weather prediction in lowering the ship’s carbon emissions O.C Acomi, N Acomi & C Stanca 755 The influence of damaged stability probabilistic approach on overall megayacht design B Ascic, M Acanfora & D Boote 761 Inspection capabilities for enhanced ship safety I Lazakis, G Theotokatos, N Barltrop & K Dikis 767 Marine environment Influence of the required EEDI reduction factor application on general cargo ships GHG emissions I Ančić, A Šestan & N Vladimir 777 The impact of activities of the Port of Sillamäe, Gulf of Finland (Baltic Sea), on the adjacent fish communities in 2002–2014 L Järv, R Aps, T Raid & A Järvik 783 Offshore wind catamaran powered by a fuel cell propulsion system R Fernández-Corzo, T.J Leo & M.A Herreros 789 Application of data assimilation for improving the predictions of storm conditions close to the West Iberian coast L Rusu & C Guedes Soares 795 Compliance with the EU sulphur directive—A status report on the European Sustainable Shipping Forum (ESSF)—R&I, Competitiveness, Financing P Yannoulis 801 Analysis of performances of sustainable Marinas and Nautical Ports B Dragović, M Škurić & V Tselentis 809 Renewable energy Design of a submerged disk Wave Energy Converter G Gambacciani, R.C Ertekin & C.M Rizzo 819 Strength analysis of the support structure of the offshore wind turbine K Niklas & J Kozak 829 Wave & wind modelling Wave modelling with data assimilation in the Romanian nearshore A Raileanu, L Rusu & E Rusu 837 Prediction of the extreme storms in the Black Sea with numerical wave models E Rusu & D Butunoiu 845 Spectral structure of breaking waves S.Yu Kuznetsov, Ya.V Saprykina, B.V Divinskii & M.N Shtremel 853 A high resolution wind and wave forecast model chain for the Mediterranean & Adriatic Sea L Donatini, G Lupieri, G Contento, L Feudale, A Pedroncini, L.A Cusati & A Crosta 859 The effect of wind loads on the attainable ship speed on seaways R Vettor, J Prpić-Oršić & C Guedes Soares 867 Sea state monitoring and simulation in the “Wind, Ports, and Sea” project G Bonino, M Burlando, P De Gaetano, G Solari, C Carmisciano & L Iafolla 875 x IMAM_FM.indd x 8/6/2015 5:36:59 PM more than 12 miles off the coast) (according to the Spanish Royal Decree 809/1999 14 May (B.O.E 29-05-1999 transposing the regulations 96/98/CE and 98/85/CE) BOE nº 128 29/5/1999); 2) control of the disposal and/or on board storage of sewage (WCs with portable holding tanks are acceptable if the mentioned tanks comply ISO 8099) (chapter V of the Spanish Order/FOM/1144/2003, 28 April, and also in the Spanish ORDER FOM/1076/2006, 29 March, which modifies it); 3) to have adequate ventilation systems, pursuant with the provisions of ISO 8099 (ISO 8099: 2001 Small craft—Toilet waste retention systems) In addition, as a general rule, it is forbidden to throw overboard: a) plastics, pieces of glass, drums, wrappings and tins; b) oils and residues of fuel and other hydrocarbons; c) oily waters; d) food wastes at less than 12 miles off the coast It is only allowed to unload shredded food wastes when the ship is at more than 12 miles off the coast The possible unloading of polluting substances, not expressly forbidden, it must be made pursuant to the provisions of the International Convention for the Prevention of Pollution From Ships (International Convention for the Prevention of Pollution From Ships, November 1973 (MARPOL) (modified by the London Protocol of 1978 and subsequent amendments); 4) beach beaconing to guarantee the security of the beach users, specially of the swimmers This area will be located inside of a coastal area, parallel to the coast, 200 metres wide, in which sailing is forbidden or limited to a speed of knots where there are no beacons 3.2.1 Duties of the shipowners The shipowner has to supply the protective equipments or other accident prevention devices, which generally must be accompanied by the guidelines of use of the said equipment 3.2.2 National programmes of prevention and protection The implementation of protection and prevention programmes for the promotion of occupational safety and health should be organized so that the competent authority, shipowners and seafarers or their representatives and other appropriate bodies may play an active role Including by means such as information sessions, on-board guidelines on maximum exposure levels to potentially harmful ambient workplace factors and other hazards or outcomes of a systematic risk evaluation process In particular, national or local joint occupational safety and health protection and accident prevention committees or ad hoc working parties and on-board committees, on which shipowners’ and seafarers’ organizations concerned are represented, should be established Safety and health regulations should refer to any general provisions on medical examinations before and during employment and on the prevention of accidents and the protection of health in employment, which may be applicable to the work of seafarers 3.2.3 Advices for sailing Before setting sail it is necessary to check the good condition of the vessel and the good functioning and condition of the communication and navigation equipments, engines, electric system and levels (oil, fuel and water), gears and security equipments On the other hand, it is necessary to get information regarding the weather, estimated time of departure/arrival and port of departure/ arrival, characteristics of the vessel, both at the departure and at the arrival point, for a better identification of the vessel, name of the ship, crew, type, colour, shapes of the superstructures, masts, etc., nationality and call sign, number and name of the people on board, available communications equipment, contact telephone and persons in case of emergency Also it is required to have the nautical licence updated and the statutory documents, to have enough information about the route and ports that the ship will visit: nautical charts, Sailing Directions, light list, beacon areas, anchorage areas, available berths, etc and not to let more crew members on board than allowed Furthermore, if one spots or gets signs from a vessel in distress must quickly go in its aid, as far as it doesn’t risk its own security In the event of danger one must contact the Maritime Rescue Centre (VHF channel 16 or 2182 kHz) or the closest coastal radio station and contact other vessels in the vicinity Some useful advices regarding the communications during the maritime practice are to maintain a proper lookout and to comply with the International Regulations for Preventing Collisions at Sea (International Regulations for Preventing Collisions at Sea (1972), with the amendments made to date, including those annexed to IMO Resolution A.910(22), approved 29 November 2001) Distress messages are intended to allow the interchange of messages between stations and to make possible the effective reception of warning message The frequencies used for calls and traffic relief for radiotelephony are the 156.8 MHz (channel 16 VHF) Digital Selective Call (DSC) of 156.525 MHz (Channel 70) and 2182 kHz in OM The duration of these communications at the mentioned frequencies will be limited to the minimum time necessary to establish contact and arrange the channel to use, and in no case will exceed one minute 911 IMAM2015.indb 911 8/5/2015 8:44:14 AM Distress signals: (signals prescribed in the International Regulations for Preventing Collisions at Sea (1972) The following signals, used or exhibited either together or separately, indicate distress and need of assistance: a) a gun or other explosive signals fired at intervals of about a minute; b) a continuous sounding with any fog-signalling apparatus; c) rockets or shells, throwing red stars fired one at a time at short intervals; d) a signal made by any signalling method consisting of the group - (SOS) in Morse Code; e) a signal sent by radiotelephony consisting of the spoken word “MAYDAY”; f) the International Code Signal of distress indicated by N.C.; g) a signal consisting of a square flag having above or below it a ball or anything resembling a ball; h) flames on the vessel (as from a burning tar barrel, oil barrel, etc.); i) a rocket parachute flare or a hand-flare showing a red light; j) a smoke signal giving off orangecoloured smoke; k) slowly and repeatedly raising and lowering arms outstretched to each side; l) the international radiotelephone alarm signal (consisting of two tones transmitted alternately One must have a frequency of 2200 Hz and the other 1300 Hz, the duration of each tone being 30 seconds to minute); m) signals transmitted by emergency position-indicating radio beacons (either the signal described in point “l” or a series of single tones at a frequency of 1300 Hz) Collisions are always dangerous, their prevention, by a strict application of the International Regulations for Preventing Collisions at Sea, 1972, is the best measure to avoid them To prevent collisions one must maintain a proper lookout by sight and hearing, use the VHF radio to alert vessels on a collision course, turn the lights on between the nautical twilight, with poor visibility or in bad weather conditions, light up the sail or the bridge with a searchlight At night it is necessary to identify the other vessel by its lights and observe its course If the relative bearing is constant and the distance decreases, there is a risk collision One can never have confidence that has been seen, one must keep in mind that a big vessel manoeuvre slowly and needs a lot of space to alter its course In case of collision, when both vessels remain connected, one has to evaluate the damages and the corrective measures that can be taken before beginning the separation If the breakdown is irreparable or its repair or mitigation “in situ” would be very laborious one must try to leave the ship One must try to reduce the water ingress as much as possible, by blocking or modifying the trim or the right, transferring weights or the crew, to decrease the pressure and the water ingress The accidental fall of persons into the sea is one of the main causes of death in the sea; to the risk of it going unnoticed and, consequently, lacking the necessary assistance, we must add the risk for hypothermia due to a long immersion in water There are some precautions one needs to take to avoid falling overboard: 1) move along the ship bending the body to the centre of the ship; 2) prevent the ship movements keeping an eye on the sea; 3) hang on the solid parts of the vessel; 4) use nonslip shoes; 5) wear the life jacket and harness before going on deck; 6) place protection nets around the ship if there are kids on board, or in any case, more firmly; 7) avoid taking care of the physiological needs overboard; 8) not run on deck; 9) not swim in open sea without witnesses and without a ladder to go back on board; 10) not sleep in the cockpit of the vessels; 11) if one is sailing alone or on automatic pilot, it is advisable leave on the stern a safety line of 50 m, provided with knots every metres and ended in a very visible float Fires on board are usually the result of a bad maintenance or a human mistake A dirty and little ventilated engine, a bilge full of hydrocarbons, fuel drums heated by the sun, scant attention to the gas kitchen or a deteriorated electric circuit, are frequent causes of fires Extinguishers are essential security elements; they must be placed in accessible and strategic positions They have an expiry date and they must be regularly inspected Water must not be used to extinguish electrical fires, if there is no other option, one must switch off the current Survival in cold water The ways that the human body loses temperature include radiation, conduction, evaporation and convection These factors are accentuated if one is immersed in water In this case, the heat loss is bigger that the capacity of the body to regenerate it, which leads to hypothermia and in succession to the loss of consciousness and death The survival time of a shipwreck victim varies depending on the clothes or protective suit one is wearing, the temperature of the water, the constitution, tiredness, etc This way it is possible to estimate that without protection and in water with a temperature between 15 and 20 degrees, the survival time is about 12 hours, decreasing to hours if the temperature is between 10 and 15 degrees 3.3 Workers providing a service in fishing vessels The maritime activity and particularly that carried out on board of fishing vessels, is one of the activities with the highest risk of accidents On the other hand, the set of existing regulations and recommendations for this type of work, maybe because of its particular characteristics, can seem confusing, unspecific and difficult to control The work on board of the fishing vessels entails many 912 IMAM2015.indb 912 8/5/2015 8:44:14 AM risky situations for the workers, derived from the meteorological conditions and the sea, the work on deck, the handling of fishing gear and the exposure to other physical, chemical and biological agents To guarantee the control of these risks and to carry out an adequate pre-emptive policy, the European Union establishes the minimum occupational safety and health requirements on board of fishing vessels (Directive 93/103/CE, transposed to the Spanish legislation by the Royal Decree 1216/1997, 18 July BOE of August 1997) The “Instituto Nacional de Seguridad e Higiene en el Trabajo” (Spanish National Institute for Occupational Safety and Health) developed a Technical Guide for the evaluation and prevention of risk related to the work conditions on board of fishing vessels, whose 1st edition was published in November 2004 The Guide has as its objective to facilitate the implementation of the Spanish Royal Decree on the minimum occupational safety and health requirements on board of fishing vessels in accordance with the Directive 93/103/CE 3.3.1 Risk prevention in fishing vessels Although is true that the ships have a series of peculiarities regarding occupational safety, which oblige to an specific regulation, it is also true that traditionally, in the international organizations, in the IMO, ILO or in the European Union and, as a result, in our internal rules, this particular regulation only applies to ships of certain dimensions, omitting the artisanal or small Such distinction has no justification, given that the activity is the same for inshore vessels, with the same singularities, or even more noticeable, bearing in mind that the smaller ships represent most of the fishing fleet (from the data obtained, we can extract that vessels with less than 15 metres in length, represent the 84% of the total) The maintenance tasks should pay special attention to: 1) watertightness of the vessel; 2) stability of the vessel; 3) fire prevention; 4) condition of the machinery and the electrical system; 5) cleanliness and ventilation (as considered by the International Maritime Organization (IMO) in the document “FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels)”; 6) temperature of the facilities (it is necessary to control the time spent working in the cold stores, it is advisable to bear in mind the generic technical regulation on heating, air conditioning and sanitary hot water) (as for the accommodation of the crew, it is mandatory to comply with the provisions of the “Accommodation of Crews (Fishermen) Convention, 1966 (Nº 126)” The International Labour Organisation developed parts II, III and IV of the ILO Convention 126 the 17 August 1970, which directly concern the building of ships regarding the characteristics of the spaces destined to be the crew accommodation); 7) natural and artificial light (crew accommodation must be properly lighted; artificial lighting shall be located for the best possible benefit of the crew Besides, there must be supplied a bluish lighting for the bedrooms which will be permanent during the night) (“Accommodation of Crews (Fishermen) Convention, 1966 (Nº 126)”) 8) floors, bulkheads and ceilings (the areas to which the crew has access must be anti-slip or must be provided with devices to avoid falls and be free of obstacles If possible, the spaces with an assigned workplace must have enough soundproof and thermal insulation, taking into account the kind of tasks and physical activity of the workers; 9) doors (doors shall be capable of being opened from inside without using specific equipment When in use, the doors of the workplace shall be capable of being opened from both sides); 10) sanitary facilities (protected against rusting and slipping, and adequately ventilated); 11) first aid (all vessels have first aid kits according to the regulation, it is necessary to establish the minimum requirements for health protection and medical assistance of the seafarers and regulation on security, health and medical assistance on board of vessels) (Chapter IV of the Spanish Royal Decree 258/1999, 12 February, in order to establish the minimum requirements on health and medical assistance of the seafarers); 12) boarding gangways and ladders; 13) noise (to adopt the necessary technical measures so that the sound level of the workplaces and accommodations will be as low as possible, based on the size of the vessel) 3.3.2 Risk for extraction of catches from fishing gears and tackles The extraction of catches, common to all the fishery types, entails important risks because of the special gears and tackles It can be made in a manual or mechanical way, the manual extraction is used almost exclusively in the artisanal and inshore fishing, although semi-mechanical tacking and extracting systems more or less effective are being increasingly implemented The potential risks are wounds in hands, entrapments by turning gears and various blows The wounds in the hands, more or less serious, are very frequent and they can be made both by the fishes and by the gears and tackles The first are usually lacerations or punctures, produced by the defence mechanisms of the different species of fishes or crustaceans, such as sharp teeth, thorns, spikes and stings, urticating and erosive skins The wounds produced by gears and tackles can also be punctures, due to hooks, wires, etc and contusions, caused while manipulating big creels or due to the handling of tackles when they are under a big strain while they are being turned When they can stop the winches or the ship is too accelerated, 913 IMAM2015.indb 913 8/5/2015 8:44:14 AM this can sometimes cause amputations or deep wounds, with the resulting risk of infection if the hygienic and sanitary measures are not enough or adequate There is also a classification of the caught species: species that can bite, species with sharp appendices, with urticating or lacerating skins, species emitting electrical shocks (BOE nº 47e 24/2/1999, pages 7614 to 7680), which establish the minimum requirements on health protection and medical assistance for the seafarers and its modification by the Order PRE/930/2002, 23 April, which modifies the contents of the firstaid kits that must be on board of the vessels, as established in the aforementioned Royal decree 3.3.3 Pre-emptive measures to be adopted in the fishing vessels Use always the personal protection devices adequate for every situation, preventing them, when possible, from generating occlusion, excess of humidity or heat Use gloves that protect up to the elbow, boots, glasses, helmet, etc − Avoid putting the hands in the fish pile, use rake and shovels − Inspect the nets − When using sharp knives or circular blades, chain mail gloves When possible these processes will be mechanized − Train the crew with regard to the manual and mechanical upkeep of loads − Instruct about the potentially dangerous marine species − Allocate only the most experimented crew in the most risky workplaces, such as winches and tackles, or in the handling of dangerous species − Substitute the wooden packaging with other made of plastic and without ridges − Do not disregard small wounds caused by thorns, teeth and fins of fish, wash and disinfect them To avoid infections it is essential to have adequate hygienic measures and a first-aid kit Although it is easy to get seawater, it is necessary to use special soaps to clean the skin with this water Generally the domestic dishwashers are effective with seawater and the fishermen frequently use them to wash their hands, but it is necessary to select an adequate PH, not abrasive, because people with sensitive skin are particularly liable to suffer dermatitis The characteristic and contents of the mentioned first-aid kits shall comply with the provisions of the Spanish Royal Decree 258/1999, 12 February CONCLUSIONS To carry out an efficient protection of the seafarers: First: the advices on health and hygiene modify unhealthy life habits or risky behaviours Education is very useful, we can make the most of every moment or act in which we are related to the worker Second: vaccinations are highly efficient and safe They help to prevent diseases at a minimum cost and without virtually non-existent secondary effects They can be administered in any centre and they offer a durable immunity Third: every worker must be examined individually According to his work conditions, the place, the time and his own medical history, the worker will be offered suitable vaccinations for his situation Fourth: despite the new international regulations, there are still circumstances with regulatory gaps that cause the workers to be defenceless REFERENCES Anaya Tejero, Julio Juan El transporte de mercancías (Enfoque logístico de la distribución) (Primera edición) Pozuelo de Alarcón (Madrid, Spain) Ga de Actuación Inspectora en el Sector Marítimo Pesquero Ga técnica para la evaluación y prevención de los riesgos relativos a la utilización de los buques de pesca Ga técnica para la evaluación y la prevención de los riesgos en el trabajo a bordo de los buques de pesca, in accordance to the SPANISH ROYAL DECREE 1216/1997, 18 de July NTP 625: Riesgos biológicos en la pesca marítima Xosé Manuel Carril Vázquez “La seguridad social de los trabajadores del mar” (Madrid, 1999) http://www boe.es/ 914 IMAM2015.indb 914 8/5/2015 8:44:14 AM Towards Green Marine Technology and Transport – Guedes Soares, Dejhalla & Pavleti (Eds) © 2015 Taylor & Francis Group, London, ISBN 978-1-138-02887-6 Some considerations concerning work on offshore platforms A Mª Asunción López-Arranz University of A Cora, A Coruña, Spain ABSTRACT: What is being analyzed here is the legal regulation of the working conditions and social security coverage of people who provide services like workers on board offshore platforms This paper presents conflicts encountered in determining what applicable laws, in the specific case of these workers, have importance in establishing what juridical legislation govern their conditions of work and of social security The courts have had to articulate on these conflicts and this jurisprudence repairs the present work that was realised taking into account the fact that the interpretation and application of such conflicting laws are managed as much by the Spanish courts as by the TJUE itself The realisation of this paper also allows the investigation into the scarcity of standards dedicated specifically to labour and social security rules that regulate the work of these professionals SOME METHODOLOGICAL QUESTIONS At-sea work is unique precisely because of the environment in which it is performed And it is also complicated by the presence of two job centres, those within ships and those aboard offshore platforms Precisely, this work centres on the study of the labour activity which occurs in said offshore platforms These platforms, unlike the case of a ship as a mobile or itinerant job centre, not have the level of juridical studies that correspond to their importance and identity, at least regarding juridical disciplines such as Labour Rights and Social Security The analysis realised in this paper is divided into five parts, followed by a conclusions section and a bibliography section The first section, under the title “Some Methodological Questions”, justifies the reason for this article The second deals with “The International Regulation of the Offshore Platforms” and is centred on the international norms for these platforms The third, “Status of the Offshore Platforms in the European Union” deals with the norms specific to the EU The fourth and fifth articles, “Spanish Regulation Concerning Offshore Platforms” and “Legal Criteria of the Spanish Courts”, tackle the Spanish rule of application The paper ends with some conclusions and the bibliography THE INTERNATIONAL REGULATION OF OFFSHORE PLATFORMS Where are platforms regulated internationally? To answer this question we will begin analyzing the first international rule on the sea which was the Convention on the High Seas of 29 April 1958 This treaty does not specifically address offshore platforms and only speaks of cables and pipelines on the marine seabed Article 26 states “All States shall be entitled to lay submarine cables and pipelines on the bed of the high seas” This seems to be somehow creating the right to establish installations on the high seas but provides nothing concrete on infrastructure and maritime constructions that would be considered as offshore platforms Later came the approval of the Convention of the United Nations on the Law of the Sea signed in Montenegro Bay (Jamaica) on 10 December 1982 (Approved for the European Community by means of decision 98/392/CE of the Council, of 23 March 1998 (DO L 179) This convention regulated the jurisdictional rights of Coastal States, inside their exclusive economic zones, to “…the establishment and the utilization of artificial islands, installations and structures” (Art 56 sections a and b) It attributes to the State the jurisdiction on these constructions and an exclusive right to build them, to authorise them and to regulate them (art 60) Besides, it establishes that the coastal State shall have exclusive jurisdiction over legislative, customs, financial, sanitary, security, and immigration matters (art 60.2) (Rodriguez Cope 2005) Finally, the norm states that these installations and structures not possess the juridical condition of islands and neither they have their own territorial waters and their presence does not affect the delimitation of the territorial waters, the exclusive economic zone or the continental platform (art 60.8) As can be appreciated from the two norms studied, one of them makes no mention of platforms and 915 IMAM2015.indb 915 8/5/2015 8:44:14 AM the second only refers to the jurisdiction and sovereignty that they have We can say without any doubt that offshore platforms have little regulation in international law And we can state that what is referred to in the norm concerns installations, structures or artificial islands and not offshore platforms Obviously, the International Labour Laws through the conventions of the International Labour Organization (ILO or OIT in Spanish), has classified seafarers, but these conventions not seem to mention workers on board offshore platforms The OIT only speaks of people of the sea, fishermen and port workers This absence surprises us and is logically understandable for two reasons First, the OIT has approved not even one single Agreement concerning these workers of the sea And second, in the rare occasions in which they mention them, it is precisely to exclude them Thus, in the International Labour Organization Convention number 165, concerning the Social Security of Seafarers, of October 1987, in Article the following is stated: “The term seafarers means persons employed in any capacity on board a seagoing ship which is engaged in the transport of cargo or passengers for the purpose of trade, is utilised for any other commercial purpose or is a seagoing tug, with the exception of persons employed on (i) small vessels including those primarily propelled by sail, whether or not they are fitted with auxiliary engines; or (ii) vessels such as oil rigs and drilling platforms when not engaged in navigation; the decision as to which vessels and installations are covered by clauses (i) and (ii) being taken by the competent authority of each Member in consultation with the most representative organisations of shipowners and seafarers” So for this Convention, the workers on offshore platforms remain out of its regulatory field once again On the other hand, the important publication of the Maritime Labour Convention (MLC) of February 2006, considered fundamental in the protection of seafarers—in which it considers that the activities of the maritime sector develop across the entire globe and that, therefore, the people of the sea need a special protection—, forgot again to include these platform workers who also performed their activity in the sea and all over the world The Convention includes what it considers seafarers and the place where these people perform their activities that is always a ship, without mentioning any other type of workplace different than a ship, as is the case of offshore platforms For example, article II f defines what it considers seafarer, that is not anything more than the person “who is employed or engaged or works in any capacity on board a ship to which this Convention applies” And, second, it defines a ship to be a vessel “other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply” For seafarers in the sense contemplated in the MLC, the entry of this Convention into force involved a series of advantages among which stand out the reinforcement of principles and fundamental labour rights, greater information about seafarers’ recognized rights and the best way to exercise them, the greater control of compliance of the minimum conditions of life and work, the right to present complaints and claims, equally on board as ashore, or the unambiguous identification of the shipowner with general responsibility for the purpose of implementing the terms of the MLC, (De la Villa 2006) While recognizing the important role of this fundamental text for seafarers for the protection of their working conditions, the reality is that it again leaves marginalized a part of the at-sea workers These platform workers will have to turn to national legislation in individual Member countries to look for analogies between shipboard and platform work so that the treatment of platform workers can be made equivalent to that already provided for workers aboard ships STATUS OF THE OFFSHORE PLATFORMS IN THE EUROPEAN UNION As we have been able to appreciate up to now, the international situation in the regulation of the offshore platforms could be described as abandonment We will now check what the situation in the European Union is What happens in the scope of the European Union as to the regulations or directives which mention them? In the first place, at present there is no specific Directive that regulates the regime of workers who provide services on offshore platforms, not even a generic reference to seafarers What does exist is a proposal by a Directive of the European Parliament and by a Council related to seafarers, which intends to modify Directives 2008/94/CE, 2009/38/CE, 2002/14/CE, 98/59/ CE, and 2001/23/CE Secondly, although with general character, the Directives of the EU in matter of labour Law are applicable to all the sectors of activity and to all the categories of workers Nevertheless, seafarers are excluded—or can remain excluded—from the field of application of several Directives, without any expressed justification In third place, the Directive Proposal aims to include to seafarers in the five directives mentioned, since they were excluded Fourthly, the main aim of the EU in this matter is to increase the level of protection of the rights protected under the Charter of Fundamental Rights of the EU in the labour legislation of the EU and guarantee a level playing field across the EU Besides, an additional goal is to reach the 916 IMAM2015.indb 916 8/5/2015 8:44:14 AM general objectives set out in article 151 of the Treaty on the Functioning of the European Union, that is to say, the promotion of employment, improvement of living and working conditions, adequate social protection and social dialogue So, the Council of Ministers for the Development and Social Politics of the European Union approved the modification of Directive 16148/1/14 REV1 of workers of the sea after the Commission itself proposed a reform that included this group in the European rules relative to the rights of workers The same Council has argued that seafarers suffered an uneven treatment, since the Member States could, up to now, exclude them from valid regulation without having to justify it to any European body This caused, depending on the country in which they operated, the workers of this sector to face a different juridical situation dependent on individual state laws and not Community regulations For its part the EU, through Directive 2013/54/EU, on certain responsibilities of the flag State in matter of fulfilment and control of the application of the Maritime Labour Convention (MLC), 2006, and decision 2007/431/CE of the Council, authorised the Member States to ratify the MLC 2006 as soon as possible Therefore the purpose of the Directive is to establish norms to ensure that the Member States actually fulfil their obligations as flag states regarding the implementation of the pertinent parts of the MLC 2006 In turn, this Directive will affect neither the implementation of directive 2009/13/CE and 2009/21/ CE nor any improvement in life and working conditions for seafarers Finally, the Directive orders the Member States to adopt the laws, regulations and administrative provisions necessary to comply with the requirements of this Directive not later than 31 March 2015 (OJEU 10 December 2013) Having seen that EU regulation is non-existent on this matter, we have little more to say on the jurisprudence of the Court of Justice of the European Union other than the few cases that exist concerning workers employed on offshore platforms Encompassing this question we can refer to the judgement of 17 March 2012 (C-347/10), in which the Court examines the case of a worker employed on a gas extraction platform situated in the continental platform adjacent to the Netherlands who was denied the right to earn a disability pension In this case the Court determined that “according to Article 13, Section 2.a) of Regulation Number 1408/71, an individual who pursues an activity as an employed person in the territory of a Member State shall be subject to the legislation of that State, even if he resides in the territory of another Member State” The question being debated here consists in that, for some, the norm to apply is that of the location where the activity takes place, in this case a plat- form which is outside of Dutch territorial waters Therefore, the Dutch government and the UWV (the Dutch Social Security Agency) sustained that the territorial scope of Regulation number 1408/71 is limited only to national territory Also presented is the applicability of European Union laws to the continental platform concerned It was determined that the continental platform adjacent to a Member State is subject to its sovereignty which, although functional and limited, must be considered, regarding application of European Union laws, that such work, which was realised on fixed or floating installations situated on said continental platforms performing activities of exploitation, is carried out in the territory of said State In this way the Member State that benefits from the economic prerogatives of the exploitation of the resources exerted on the part of the continental platform cannot escape the application of the provisions of European Union laws aimed a ensuring the free circulation of workers exercising their professions aboard said installations Bearing that in mind, the Member States conserve their ability to determine affiliation requirements (Carril-Vázquez 2015) SPANISH REGULATIONS REGARDING OFFSHORE PLATFORMS Having examined the International and EU regulations in this regard and after ascertaining the abandonment that exists in this matter, now it is time to analyse the regulation of offshore platforms in Spain and the labour situation and social protection of workers that serve on these To this, first we have to define what is a offshore platform, for the LPEMM (Law of State Ports and the Merchant Marine of 2/2011, September) is: “any device or system capable of performing operations of exploitation of maritime resources or used for any other activity, located on the seabed, anchored or resting on it”, (Art 9.4) In the same way it is defined by Law of Maritime Navigation 14/2014 of 24 July 2014 and further notes that “by find itself permanently attached to the sea bottom, the fixed platform is considered to be an immovable property under Civil Code” (Art 59) (Gabaldón-García and Rz-Soroa 2006) It therefore treated as a broad concept and integrated into maritime law as part of an entire group of juridical relations that arise or are developed from the sea (Domínguez Cabrera, 2004) Secondly, to analyse labour relations and the social protection of these workers, it is necessary to know the Social Protection System whose scope includes the workers who provide services on these offshore platforms in Spain Undoubtedly, these workers are included in the Scheme of Seafarers, as is made 917 IMAM2015.indb 917 8/5/2015 8:44:14 AM clear by a resolution of the General Direction of Legal Ordination and Entities Collaborators of Social Security, of the Labour Ministry of June 1993 (Catalogue of Administrative Resolutions Protective Action, 1996) This resolution indicates that workers performing services aboard offshore platforms are: 1) workers employed by others are thereby included in Article 7.1 of the General Law of Social Security as those who “provide services under the conditions established in Article 1.1 of the Worker’s Statute in the distinct branches of economic activity or assimilated to them, whether temporal, seasonal or fixed, even discontinuous work, and included remote workers, and independent, in all cases, of the professional worker group, of the form and amount of the remuneration that they receive and of the common or special nature of their labour relation” and 2) that their peculiar activity, and moreover, the place where their activity is performed, is what determines their placement in a Special Regime and not in the General Regime As it was stipulated in the explanatory statements of the revised text of the Special Regimen of the Sea (Decree 2864/1974, of 30 August) “the protected group remains comprised of those seafarers who, direct or indirectly, obtain their basic livelihood so that the protection dispensed depends… on the fact that work is actually accomplished at sea or for the sea and they obtain their livelihood from the economic compensation that these circumstances provide” There is no doubt therefore that these workers must be framed in the Special Scheme for Sea and even more so when our Code of Commerce considers oil platforms as ships, as provided in Rule 146 of the Companies Register of 14 December 1956 establishing that the term ship applies “not only to vessels for coastal shipping or shipping conducted on the high seas but also floating docks, pontoons, dredgers, barges and other floating device intended or likely to be used for services deemed as industry or sea or river trade” (Carril-, Vázquez 1999) This has important consequences regarding the rights of workers on platforms such as: 1) “that all workers within the scope of this special scheme shall be compulsorily affiliated to the Social Security” (Art 10); 2) “that employees falling within this scope and the entrepreneurs for whom they work are subject to the obligation to contribute to this Special Regime of Social Security” (Art 15).; 3) that the Special Regime of Social Security for Seafarers cover contingencies and provide the benefits that are determined by the present Law, which include a) health care in cases of maternity, common or occupational disease and accident, whether or not related to employment, b) economic benefits for temporary disability, c) economic benefits for disability, d) recuperative benefits e) retirement benefits, f) cash benefits for death and survival g) economic benefits for the Family Protection, h) fixed compensation for injuries of a definitive nature resulting from work accident or disease that results from work that not cause disability, i) unemployment benefits, j) benefits and social care services contingencies and special situations, k) social services to which this Act relates ” Similarly and complementary to the services covered in the previous section, Social Assistance benefits can be granted (Art 29) Finally, it should be noted that the norm establishes a requirement that entrepreneurs who have to employ the services of workers included in the scope of application of this Special Regime, as a prerequisite, indispensable for the initiation of the workers’ activities, must enrol in the Registry that will be administered by the Managing Entity, made up of Companies, ships and installations It has to be clearly indicated which Entity will have to assume the protection of the contingencies of occupational accidents and illnesses that result from work (Art 6) From all this it follows that in our country the platforms are assimilated into the ships and therefore the competent jurisdiction for any disputes arising therein and implementation of social rights of workers, the referent normative is the one of the Special Regime for Seafarers LEGAL CRITERIA OF THE SPANISH COURTS Having reviewed and analyzed the legislation, -with surprising results marked by the scarcity of references to such platforms-, the jurisprudence of our courts is, on the contrary, much richer as a source of knowledge about working on offshore platforms, showing its distinctiveness as a workplace where very different rules come together And, in fact, we are dealing with a maritime work activity with a strong international connotation, which frequently raises conflicts in determining what regulations are applicable and what laws determine the working situation and social security condition of workers employed in such platforms The courts have had to articulate on such conflicts, always on the basis that their resolution will be found in the famous Law of the Flag, which in this case is determined by where the platform is enrolled or in the case of a continental platform, the place that has national sovereignty or international waters where the platform is installed However the lawsuits which this jurisprudence has propitiated not only deal with these legal conflicts but also on labour issues and social security issues (The total number of these lawsuits is less than those which we are about to discuss.) 918 IMAM2015.indb 918 8/5/2015 8:44:14 AM Thus, we will discuss diverse cases in this section First, we’ll discuss Social Security, with conflicts arising from affiliation with the Social Security System As far as this issue is concerned, we can refer to some particularly interesting pronouncements as the Canary Islands STSJ number 441/2008 of 31 March (JUR/2008/162651) for which at the time of applying for widows benefits it was debated whether the deceased was or was not registered with the Social Security System, as the deceased had served for several American employers in the USA He did not pay contributions to the Social Security in that country but he paid for healthcare and accident insurance from private companies The Supreme Court has held that the requirement of being employed or in an equivalent situation at the time of death must be treated in a flexible and moral manner by the courts on humanitarian grounds, always provided that the worker had fulfilled the minimum period required does not look like a reduction in social security Therefore, considering a situation equivalent to being employed to be in a state of involuntary unemployment coupled with a history of long working life with periods of unemployment benefit in Spain, it has been shown that the deceased demonstrated an animus laborandi As a consequence, the Supreme Court (in the same manner as the lower court had ruled earlier) considered the situation equivalent to being employed at the time of death And the lack of absence that was proposed wasn’t taken into account because the law requires a count of 500 days from the date of registration as unemployed, since the doctrine of parentheses applies to the period of involuntary unemployment, subsidized or not, during which the individual remained registered as unemployed For this reason the benefit should have been granted Similar cases would be: STSJ of Cataluña 5543/2003 of 18 September (AS/2003/3647), STSJ of Aragon 1383/2004, of December and TSJ of Madrid Case no 475/2012 of 26 December Regarding Retirement, our courts have determined the right to the application of the reduction coefficients for workers on offshore platforms The reason for the application of the reduction coefficients of age are the special circumstances of drudgery, danger, continuous family separation and being away from the family home when working on oil rigs installed at sea This possibility was contemplated in Art 37.3 of Decree 2864/1974, of 10 August, and should be regulated by Decree under proposal by the Labour Ministry The reduction coefficients are applied to the time actually worked in those activities, a rule regulated by Royal Decree 1131/2007, of October 5, which establishes a reduction factor of 0.35 in the retirement age for workers aboard oil platforms during periods actually worked on them Similar cases would be: STSJ of Aragon, number 879/2010, of 29 November (JUR/2011/49660), STSJ of Catalonia no 5743/2010 of 13 September (AS/2010/2269), STSJ of Extremadura 293/2010 of June (JUR/2011/208144), STSJ Galicia 2327/2011 of 26 April (JUR/2011/208144), STSJ Galicia 2360/2012 of 23 April (JUR/2012/152282), STSJ Catalonia 567/2012 of July 23, STSJ Galicia 1331/2013 of 27 February (JUR/2013/138162), STSJ Galicia 1818/2013 of 15 March (AS/2013/2310) Regarding the Disability of workers employed on offshore platforms, courts have declared in several judgments that, as is stated in Article 59.2 of the General Regulations of the Law 116/1969 of 30 December, on the Social Security Special Regime for Seafarers “disability pensions which persons working under either of the two (general or special) regimes may be entitled to under the rules governing them will be recognized, according to their own rules, by the managing body of the regime to which the worker was contributing at the time of applying for the benefit, taking into account all periods that the previous number refers to and with the following exceptions: c) if the worker had not met, in either scheme computed separately, the periods of absence needed to gain entitlement to a pension, contributions made to both regimes may be added together for that purpose In this case the pension is granted by the regime that has accredited more contributions” so if the worker fulfils the requirements of the special seafarers scheme, his right to permanent disability benefit must be recognized STSJ of Asturias 50972011 of February 25 (JUR/2011/143060) As for occupational accident, jurisprudence noted that under the Regulations in the Rules of June 21, 1956 Art.11, whose last paragraph provides that both workers and their beneficiaries will benefit from the compensation when the accident happened in compliance with the temporary mission that has been entrusted outside Spain This attitude is repeated in general terms in the Social Security Act when it refers to a transfer outside the country as one of the cases of possible situations equivalent to being employed, as determined in Art 93-2, reiterating the O of April 15, 1969 As a consequence of this, while such activities were unplanned or seasonal, that area of activity is limited neither to land nor territorial waters STS of April 20, 1981 (RJ/1981/1761) and in the same sense STSJ Basque Country May 19, 1992 (AS/1992/2473), STSJ of Castilla y León, Valladolid núm.962/2010 September 15 (JUR/2010/343255), STSJ no 2894/2011 of 18 November (2894/2011/424417) Other labour issues presented before our courts by workers employed on offshore platforms are related to the employment contract and its nature The courts have indicated that these contracts are framed in Article 1.1 of the Worker’s Statute and 919 IMAM2015.indb 919 8/5/2015 8:44:14 AM meet the requirements of voluntariness, paid compensation of a personal nature, subordination, and separation of benefits and risks, characteristics of employment contracts signed by the parties, specifying the court that the dependency is not neutralized even if the worker has some autonomy in his specific tasks as a result of the activity undertaken by the worker STS No 1412/2006 of 10 July 2007 and STSJ no 512/2006 of 14 July (JUR/2009/5651) So that Spanish courts have jurisdiction of all matters relating to the contract that is to be performed by proposals made in Spain by the consignee, or Spanish companies or made on Spanish soil STTSJ of Galicia in February 16 1996 (As/1994/702) Based on labour relations, courts have also ruled on Dismissal This is the case of disciplinary dismissal in which courts considering the special circumstance that the services were provided on an oil platform located offshore, offering features very similar to those of a ship—not to be forgotten that the discipline of ships has quasi military character—even constitute a workplace, providing specialties that carry a disciplinary requirement of greater intensity than in any employment relationship that develops on land, since alterations that violate the necessary hierarchy and dependence, can have much more serious consequences that may fall even on coexistence of all workers It also recognizes that these circumstances have to be taken into account mainly by leaders who must contribute to a climate of coexistence in the platform Despite these circumstances, workers are liable to dismissal if they are guilty of serious breach of contract STSJ of Galicia on January 11, 1994 (As/1994/204) CONCLUSIONS First: In this set of singularities analyzed it follows that the consequences on social protection of workers on offshore platforms, derive from the place where this group serves: the platform, a unique workplace, because of where they are located in territorial waters, which can be a place of convergence of different national laws and social security systems (as many as there are States) Second: To determine the legislation applicable to workers on offshore platforms it is established that, by its assimilation to “ship”, the “Law Pavilion”, or law of the flag of the platform, built on the fiction that the platform is part of State territory and leads in principle to the application to the employee of the Social Security legislation of the nationality of the same Thus, any worker who works in a Spanish platform is within the scope of the Spanish Social Security legislation, and more specifically in the Special Scheme for Seafarers Third: The cases raised by the issue of flagging of ships, applicable to offshore platforms, and their fraudulent application has produced an international regulation through different international standards that either not mention platforms or exclude them specifically, International Offshore Convention Geneva April 29, 1958, the convention United Nations Law of the Sea of 10 December 1982 Fourth: Labour courts have been supplying and correcting the application of the most favourable law in defence of the application of labour law and Spanish Social Security legislation to Spanish workers who have served on offshore platforms And they have done so, on the one hand, defending its jurisdiction over such matters, regardless of the rules which will come into play and on the other hand applying, exceptionally, Spanish law to consider a Spanish company as the worker’s employer Fifth: In summary, we highlight negatively the little effort played by national and international bodies in the task of regulating specific norms on offshore platforms Despite the plurality of legal norms and international conventions, these are intended solely for the ship, so remarkable legislative gaps concerning offshore platforms that are susceptible of being filled by national legislative operators and even supranational As transnational mobility in these platforms is a growing phenomenon and in order to ensure effective protection of Spanish workers who leave our borders in the course of their careers, there is a need to establish the relevant supporting and procedural mechanisms to prevent the vulnerability of such workers REFERENCES Boto Miranda, J.M El Trabajo en el Mar y la Jurisprudencia Comunitaria, Revista del Ministerio de Trabajo e Inmigración nº 82 (1998), pág 419 Carril Vázquez, X.M La Seguridad Social de los Trabajadores del Mar, Editorial Civitas, (Madrid, 1999), pág 197 Carril Vázquez, X.M Una cuestión de Derechos Humanos: la Protección de Seguridad Social de nuestros trabajadores del mar emigrantes en Noruega, Editorial Aranzadi, (Pamplona, 2015), pág 51 Catalogo de Resoluciones Administrativas Acción Protectora, Ministerio de Trabajo y Asuntos Sociales, 1996 De La Villa de la Senrra, P “Convenio de la Organización Internacional de trabajo sobre el Trabajo Marítimo, 2006 Ratificación y vigencia Texto normativo, Revista del Ministerio de Trabajo e Inmigración nº 82 (2006), pág 401 Domínguez Cabrera, M.P El buque como objeto de Registro de bienes Muebles, Revista de Derecho Mercantil (febrero 2004), pág 7–10 Gabaldón García, J.L y Rz Soroa, J.M, Manual de Derecho de la Navegación Marítima, Marcial Pons Edicciones Jurídicas SA, (Madrid, 2006), pág 240–249 Rodríguez Cope, M.L La Protección Social de los Trabajadores del Mar, en Correa Carrasco, M (coordinador), La Protección Social en las Relaciones Laborales Extraterritoriales, Ministerio de Trabajo y Asuntos Sociales (Madrid, 2005), pág 499 920 IMAM2015.indb 920 8/5/2015 8:44:14 AM Towards Green Marine Technology and Transport – Guedes Soares, Dejhalla & Pavleti (Eds) © 2015 Taylor & Francis Group, London, ISBN 978-1-138-02887-6 Consequences of public policy in the perception of social and individual welfare of people working at the Spanish port system I Novo-Corti, F González-Laxe & A López-Arranz Economic Development and Social Sustainability Research Unit (EDaSS), University Institute of Maritime Studies, University of A Coruña, A Coruña, Spain ABSTRACT: The purpose of this paper is to analyze the social and individual welfare of workers who provide services at main Spanish ports through assessment of perceived satisfaction at work and in society in general; as a prerequisite to improve the living standards of people and productivity of organizations To carry out this study we have considered the sensations and feelings perceived by workers and the public policies and legal regulations contributing to it Just as it is regarded this situation by the doctrine, which analyzes the working conditions at work and how these conditions affect the conflict of values, emotions, feelings, in work stress and training, in the context major Spanish ports Furthermore, the characteristics of the workplace where these workers develop their activity, makes important to know their perceived emotional situation To achieve the objectives of analysis of this work, a structural equation model has been developed This model can explain the general feelings and their relationship with the labor welfare This system of analysis has become an important tool for hypothesis testing in concerning welfare The stated goal is to obtain a measure of the feelings that workers perceive, in terms of social and individual welfare and the influence of the training by investigating of latent variables based on Indicators compiled through a survey conducted among individuals working in the main Spanish ports The survey was based on the European Working Conditions Survey (EWCS) The results indicate that there is a direct correlation between perceived wellbeing in the workplace and general welfare 1.1 INTRODUCTION Labor and welfare This research is framed in the context of economic analysis and labor law areas The welfare of society in general and people in particular are analyzed Specifically, the work has focused on the study of labor welfare, through the analysis of satisfaction in the workplace The main reason for doing so is that is considered that satisfaction at the workplace, along with social satisfaction, constitute a prerequisite for improving the living standards of people and, consequently, to increase the productivity of organizations This work is based on the European survey of working conditions (EWCS) (European Union Eurofound Parent-Thirion, A et al., 2012) Specifically, the conflict of values, emotions, feelings, work stress and levels of training of workers were analyzed It has been applied to the situation of workers employed in the Spanish ports of general interest Moreover, the academic training acquired and the level of educational attainment, along with recent job training are fundamental aspects to explain the employment status and perceived job satisfaction on the part of workers The main reason is based on the generated expectations, because everyone is expecting such a further progress and prosperity within the structure of the business organization, depending on as the higher the level of education and job training achieved (Maitner, 2014) Social psychology has indicated that the factors that most influence on the own subjective wellbeing, relies not only on the own situations, but also on the relationships with others (couples, friends, and coworkers) and social participation and in the social environment (equality, civil liberties, respect for human rights, etc.) Is important to emphasize that an approach of theories about welfare and happiness make an important contribution to the approaches of some more “entrepreneurial” sciences, such as law, economy or business organization, and all of them are closely related to the worker as a human, whose feelings are a key matter (Worchel et al., 2003) 1.2 Public policies and welfare at workplace In terms of public policy on social issues which are undertaken nowadays, most of they are reduced to an exclusively economic component, which is dressed with seemingly social ingredients However, 921 IMAM2015.indb 921 8/5/2015 8:44:14 AM these policies are intended to overcome the crisis under assumptions of economic growth, progress, democratic advances, such as general concepts But these great concepts, often allow come to proposed objective (economic growth, etc.) at the price of leaving the road the quality of life and working conditions of workers (Picatoste, 2014) This has been made clear the last labor reforms undertaken in Spain and other places, which have proved ineffective in finding quality jobs, better conditions and rights of workers (Real Decreto-ley 10/2010 Gobierno de España., 2010), (Real Decreto-ley 7/2011 Gobierno de España., 2011) and (Real Decreto Ley 3/2012 Gobierno de España, 2012) In this work the general sentiments are explained in terms of feelings at work and training levels For this we have developed a structural equation model (SEM) This test system has become an important tool for hypothesis testing on welfare The paper is organized as follows In the first section the conceptualization of feelings at work is undertake, both from the point of view of doctrine and legislation as well as the research hypotheses The following section describes the methodology to expose and then present the results Finally, conclusions are presented; also some of the limitations of the study are outlined FEELINGS AND WELFARE AT WORK Terms such as social welfare of workers, may lead to think of the term “happiness” and this may lead to error; talking about happiness and recognize it has become cause for suspicion, because, for some, the recognition of happiness is an indication of simplicity, typical of fools, this reflects the fact that for many analysts feel happy equivalent to a state of dereliction of introspection and lucid analysis of reality The study of subjective well-being refers to the degree to which individuals themselves say they are intrinsically satisfied with their lives or certain aspects of them (family, work) and does not have to be endorsed by the opinion of the others (Avia & Valverde, 1999) Humans are a social being intrusively From the data collected by the academic literature it can be seen that although the amount of money you earn has little to with happiness, so, perceived satisfaction with the proceeds not always is higher for higher earnings (Diener & Fujita, 1995) The International Labour Organization (ILO) in 1999 created the concept of decent work as a way to identify the priorities of the Organization and to recognize that work is a source of personal dignity, family stability, peace in the community, democracies acting on benefit of all, and economic growth, increasing opportunities for productive work and business development (OIT, 1999) The International Labor Organization (ILO) unanimously adopted the ILO Declaration on Social Justice for a Fair Globalization on June 10, 2008 (adopted by the International Labor Conference at its Ninety-seventh Session, Geneva, June 10, 2008) This statement comes at a time crucial political, reflecting the broad consensus on the need for a strong social dimension in relation to globalization, which achieves better results and that they are shared by all in a more equitable way (OIT Organización Internacional del Trabajo, 2008) The Declaration constitutes a compass for the promotion of fair globalization, based on Decent Work, as well as a practical tool to accelerate progress in the implementation of the Decent Work Agenda at the country level It also reflects a productive perspective that emphasizes the importance of sustainable enterprises to create more employment and income opportunities for all The Conference recognizes and states that in the environment of accelerate changes, the commitments and efforts of Members and Organization to implement the constitutional mandate of the ILO (particularly with international labor standards) to put your focus on full and productive employment and decent work as central elements of the economic and social policies Thus, the four strategic objectives of the ILO all equally important and they are a fundamental part of the Decent Work Agenda That is, to promote employment towards the creation of an institutional sustainable environment, where people can achieve and update their capabilities for being able to work in a productive way to achieve their own personal realization and the common welfare METHODOLOGY Since in this work is to determine the status of general welfare in terms of feelings at work and level of education and professional training, has relied on the methodology of structural equations (SEM) Structural equations are such a suitable method to analyze those variables that are not directly measurable, moreover, they make possible to recognize the interaction between all variables in the model, whether those variables are directly measurable (observable variables) or that can’t be measured directly (latent variables, which must be determined through some indicators) 3.1 Latent variables in the model The three main variables are of the type known as “latent variables”; these are variables can’t be directly observed, and therefore measured, but they can be constructed based on certain indicators or observable 922 IMAM2015.indb 922 8/5/2015 8:44:14 AM variables (Jöreskog, 1970), see Table 1, where text in bolt is representing the constructs (or latent variables): actual training, feelings at work and general feelings The observed variables, which are containing the information of the responses to the questionnaire are just below each one of the latent variables, came from the items asked to the workers in the Spanish ports To get the information the questionnaire was answered for 94 men and 87 women of the 28 different Spanish ports of general interest The distribution of the respondents taking account the number of years working at the port is the reflected in Table The proposed model is reflected in Figure Notice that latent variables are represented by a circle, while the observed variables are in a rectangle The arrows going out from the latent variables towards the rectangles are meaning that that construct (latent variable) is “constructed” by the observed items in the rectangles The arrows relating the constructs one with each other, are meaning interdependence between the variables, the arrowhead is pointing the dependent variable, that is to say the one that is explained Table The latent variables and observed ones Latent variable and its observable variables Latent variable: Actual training Training at workplace Training paid on my own Training paid by the firm Latent variable: Feelings at work Sometimes I feel conflict with my own values Sometimes I feel emotional involvement Sometimes, I feel stressed Sometimes I feel that I have to hide my feelings General feelings I feel glad and Happy I feel calm and relaxed I feel active and energetic I feel refreshed and rested I feel plenty of interest Table Length of time in the workplace Time working Frequency % Accumulated % Less than year Between and years Between and years Between and 10 years More than 10 years 21 12 33 101 12.07 4.02 6.90 18.97 58.05 12.07 16.09 22.99 41.95 100.00 Figure The proposed model So, the dependent variable in our model is the general feelings or wellbeing of people who are working in the Spanish ports, and it is explained by the recent training activities and the feelings at workplace in the Spanish ports RESULTS The consistence of the constructs or latent variables is supported for the high significance of all the items, as it is represented in Figure and shown in Table The standardized coefficients are both negative The sign of the feelings at work is justified because all the items are related to upset feelings, so the expected sign would be negative, that is to say that as much better the feelings at work be, much better will the general feelings be (see Figure 2) The sign of the other explainer variable, that is to say, the actual training, the latent variable is composite by three items: two of them related to who is paying the course, other related to where is taking place the course, all standardized coefficients are positive, but he importance is quite different: while the courses paid by de firm and the place where the courses were given is very important, the one related to the courses paid by the employed people is not so high Then, the expected sign it could be positive, meaning that the higher training, the better general feelings Nevertheless, the obtained sign is negative, so our guess is that there should be studies the hidden reasons under this matter 923 IMAM2015.indb 923 8/5/2015 8:44:15 AM that the workers were expecting to get better conditions, improvement on the salary or another matter that, at the end of the process is not achieved Our proposal, in future research is to analyze the role of training at work in both aspects: the one related to contents and the one related with the founding of that training, because this is a preliminary approach where training is analyzed as one particular variable, but it should be very interesting to focus on who is paying for this training and whose time is being spent for training, due that time during the workday is not assessed in the same way that leisure time, which is available for doing a lot of different things, as learning (training) or whatever else REFERENCES Figure Results Table Latent variable and their composition related to the items that are constructing them Observable variable Standardized estimators P Training at workplace Training paid on my own Training paid by the firm Conflict with my own values Emotional involvement Stressed Hide my feelings I feel glad and Happy I feel calm and relaxed I feel active and energetic I feel refreshed and rested I feel plenty of interest 0,609 0,072 0,911 0,788 0,622 0,620 0,831 0,721 0,752 0,744 0,732 0,644 *** *** *** *** *** *** *** *** *** *** 0,395 0,004 *** p < 0,001 CONCLUSIONS The main findings of our research are pointing to the importance of feelings at work to conform the general feelings Related to the role played by the training process is not clear As the negative sign shows that the training is not increasing positive general feelings, the next steep should be to analyze the reason underlying to this result Our guess is that one reason could be that the courses are not well fitted for the workers Another reason could be related to the expectations of those attending the courses (Tella, Ayeni, & Popoola, 2007) In this sense it is possible Avia, M D., & Valverde, C V (1999) Optimismo inteligente Psicothema, 11(2), 449–450 Declaración de la OIT sobre la justicia social para una globalización equitativa el 10 de junio de 2008, (2008) Diener, E., & Fujita, F (1995) Resources, personal strivings, and subjective well-being: A nomothetic and idiographic approach Journal of Personality and Social Psychology, 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boe/dias/2012/02/11/pdfs/BOE-A-2012-2076.pdf Real decreto-ley 10/2010, de 16 de junio, de medidas urgentes para la reforma del mercado de trabajo (BOE de 17 de junio de 2010), Real Decreto-leyU.S.C (2010) Real decreto-ley 7/2011, de 10 de junio, de medidas urgentes para la reforma de la negociación colectiva BOE de 11 de junio de 2111, (2011) Tella, A., Ayeni, C., & Popoola, S (2007) Work motivation, job satisfaction, and organisational commitment of library personnel in academic and research libraries in oyo state, nigeria Library Philosophy and Practice, 9(2), 13 Worchel, S., Cooper, J., Goethals, G.R., & Olson, J.M (2003) Psicología social Madrid: Thomson 924 IMAM2015.indb 924 8/5/2015 8:44:15 AM Towards Green Marine Technology and Transport – Guedes Soares, Dejhalla & Pavleti (Eds) © 2015 Taylor & Francis Group, London, ISBN 978-1-138-02887-6 Author index Abdel Naby, M.M 655 Abdel Wahab, H.S 167 Acanfora, M 761 Acomi, N 755 Acomi, O.C 755 Agrusta, A 83 Ahmed, T.M 167 Aksenov, A.A 215 Alessandri, A 577 Altosole, M 593 Ančić, I 777 Andrić, J 295, 501 Aps, R 783 Arsenie, A 717 Arula, T 897 Ascic, B 761 Asgari, P 227 Bąk, A 449 Bal, S 43 Ban, D 457 Barltrop, N 767 Barsan, E 717 Başaran, H.Ü 569 Basic, J Begovic, E 493 Belchior, C.R.P 585 Belibassakis, K.A 185 Benyessaad, O 441 Bertoglio, C 59 Bertorello, C 493 Bičak, M 295 Biot, M 99, 745 Blagojevic, B Boile, M 683 Boisson Bastos, C.G 725 Bonino, G 875 Boote, D 761 Botter, R.C 675 Bresciani, F 99, 745 Brocco, E 99, 745 Bruzzone, D 83 Bukša, J 551 Bukša, T 551 Bulian, G 99, 745 Burciu, Ș 661, 669 Burlando, M 875 Butunoiu, D 845 Bužančić Primorac, B 433 Campora, U 593 Capecchi, V 31 Carmisciano, C 875 Ćatipović, I 159 Chatjigeorgiou, I.K 263 Chatziioannou, K 203 Chernikov, D.V 523 Chiti, R 577 Chondros, M 365 Chroni, D 111 Contento, G 23, 859 Coraddu, A 31 Ćorak, M 389 Costescu, D 661 Crosta, A 859 Cusati, L.A 859 De Gaetano, P 875 Degiuli, N 159 Deibe Díaz, A 93 Dejhalla, R 75 Delen, C 43 Diamanti, E 381 Dikis, K 619, 767 Dimitrellou, S 465, 473 Divinskii, B.V 853 Donatini, L 859 Dong, Y 397, 407 Donnarumma, S 577 Drăcșanu, V 661 Dragović, B 809 Drikos, L 381 Dumitrache, R 239 Dundara, Đ 317 Duse, A 239 Egorov, A.G 531 Egorov, G.V 515, 523, 531 El Saer, A 381 Ertekin, R.C 819 Fabris, R 561 Faltinsen, O.M 143 Fernandes, A.C 227, 725 Fernández-Corzo, R 789 Ferrari, N 305 Feudale, L 859 Figari, M 577, 593 Filippas, E.S 185 Forempoher Škuver, M 551 Francescutto, A 99, 745 Gaggero, S 11, 59 Gaggero, T 11 Gambacciani, G 819 Garbatov, Y 287, 327, 335, 373 Georgiev, P 419, 483 Gledić, I 247 González-Laxe, F 921 Gordo, J.M 345, 355 Gucma, L 279, 449 Guedes Soares , C 151, 287, 327, 335, 345, 355, 373, 397, 407, 539, 609, 695, 705, 795, 867 Hallander, J 11 Hallang, A 897 Hanzu-Pazara, R 239 Herreros, M.A 789 Iafolla, L 875 Ibrahimi, K 637, 645 Ilnytskyi, I.A 515, 523 Ivančević, M 561 Järv, L 783, 897 Järvik, A 783 Jurišić, P 427 Kaljuste, O 897 Kano, T 175 Katsardi, V 203, 365 Kim, D.S 741 Kitarović, S 295, 317 Koch, T 627 Kolev , K 483 Kolyvas, E 381 Komadina, P 273 925 IMAM2015.indb 925 8/5/2015 8:44:15 AM