Instructions and responsibilities

EXCERPT FROM ”Prices and terms of business” for Odense Havn

16.1 Instructions

The safety of people, equipment and goods comes first in all lifting and transport operations.

ODENSE PORT personnel are entitled to stop the work if applicable rules and regulations, guidelines and instructions are not followed or if safe operation is questionable.

All communication in connection with lifting and transport operations must take place in Danish or English.

For customers using their own lifting gear for the operation/the work, the customer is responsible for ensuring compliance with current regulations and guidelines for this, including the Danish Working Environment Authority’s AT instructions concerning rigging and rigging gear and the Executive Order on lifting gear and winches [5][6][7].

Upon request, the ODENSE PORT must be provided with documentation substantiating that the lifting gear is certified, duly inspected, of appropriate dimensions and otherwise appropriate for the job.

1.1.  Routine lifting operations or project lifting operations

ODENSE PORT can offer one of the industry’s most sophisticated crane fleets – from the largest gantry crane in Scandinavia, the world’s largest mobile harbor crane to smaller hydraulic loading/unloading units. In order to cater for this range, the port differentiates between routine lifting operations and project lifting operations according to the below guidelines. Notwithstanding the provisions in clauses 16.3 and 16.4, ODENSE PORT always decides whether lifting should be performed as a routine lifting operation or a project lifting operation.

1.2.  Routine lifting operations

Routine lifting operations comprise

• All bulk operations using a grab bucket or a polygrab.
• All lifting procedures of big bags.
• All lifting procedures of steel plates using a special yoke with sheet claws.
• All lifting procedures of standard containers using container yokes.
• All lifting procedures using hooks, including tandem lifting operations where the customer develops and provides the lifting instructions in due course prior to the performance of the operation and where the customer has the duty to instruct and the relevant liability[1].

The following applies to routine lifting operations

• During routine lifting operations, the customer has the full authority over instruction and supervision; Instructions must be given in accordance with Danish legislation and acknowledged crane operation guidelines. People involved in the rigging and directing of the crane must have the requisite experience and the necessary theoretical qualifications. Theoretic qualifications (for example a “rigger certificate”) must be presented upon request.
• ODENSE PORT disclaims any stevedore liability in the event of non-attendance of dockers/stevedores.
• ODENSE PORT offers to give instructions on behalf of the customer by express agreement and against separate payment. This will be settled at the hourly price for supervisors.

1.3.  Project lifting operations

Project lifting operations comprise

• All lifting operations involve the 1 200-t gantry crane.
• All lifting operations using a hook, including tandem lifting operations requiring two or more cranes, where lifting instructions are required to ensure safe performance. By agreement, ODENSE PORT can develop lifting instructions, or the customer can provide their own. If the customer provides their own lifting instructions, these must reach ODENSE PORT well in advance before the lifting operation according to the deadline set by ODENSE PORT. During project lifting operations, the customer has full authority over instruction and supervision.

Project lifting operations are performed:

• Project lifting operations will be performed according to separate agreements.
  The Terms of Business apply to project lifting operations.

1.4.  Liability

ODENSE PORT disclaims all liability for injuries and damage arising from the customer's use of cranes, equipment and miscellaneous devices belonging to ODENSE PORT.

While using these devices, the customer is liable for any damage or injuries inflicted upon themselves, ODENSE PORT, any third party, vessels or cargo and for damage inflicted on the proper devices, including crane grabs etc.

ODENSE PORT disclaims any stevedore liability.

ODENSE PORT can only be held liable for damage and injuries resulting from intentional or gross negligence on the part of ODENSE PORT due to improper maintenance of the equipment.

In the event of liability, the liability of ODENSE PORT is limited in accordance with the limitation of liability laid down in clause 23 which also provides that no compensation is payable for loss of operation, loss of profits, waiting time for lorries, dockers etc., loss of market share or any other indirect losses.

[1]The lifting operation can make use of max 80% of the crane nominal load curve (“the 75% curve”).