Seafarer’s  hazardous life on board car carriers

WHILEconsumers enjoy driving their cars, transporting automobiles as cargoes on board vessels can have a toll on a seafarer’s health. Most seafarers live and work under extremely hazardous conditions that can cause serious or chemical carriers; liquid cargo, short-term and long-term damage to flat/deck and open hopper barges; their health. In some cases, they are and liquid bulk tankers. unknowingly exposed to conditions Benzene can cause a host of that can even be fatal. medical issues, including damage The seafarer’s constant exposure to reproductive organs and immune to hazards such as chemicals system, internal bleeding, aplastic ( like benzene) and the varying anemia, myelodysplastic syndromes temperatures, coupled with stressful ( MDS), acute myelogenous and tasks in his employment may cause a cancer. plethora of illnesses. In the case of Benzene, a known carcinogen,

Melchor Deocariza i s a colorless, sweet- smelling 2018), the Supreme

vs Fleet Mgt. Services Phils., Inc. (GR chemical that is commonly used Court awarded total permanent

229955, July 23, in the manufacture of petroleum disability benefits to a seafarer products such as gasoline, solvents, (Chief Officer) afflicted with Aplastic and crude oil. Anemia brought about by chronic

It i s also mainly used as a exposure to benzene. starting component in making other To be considered as work- chemicals and materials, including related, Aplastic Anemia should be dyes, detergents, drugs, plastics, contracted under the condition that lubricants, nylon, rubbers, pesticides, there should be exposure to x-rays, resins, and synthetic fibers. ionizing particles of radium or other

Vessels that can have higher radioactive substances or other benzene exposure include petroleum forms of radiant energy. oil or chemical tank ships; petroleum The c ompany- designated physician pointed out that “exposure to benzene and its compound derivatives may predispose to development of such condition,” and that work-relatedness will depend on exposure to certain factors.

The employers denied liability by arguing that the cause of Deocariza’s illness was not work-related.

They claimed that while the cars loaded in the vessel contained gasoline ( which is said to have benzene elements), the cars’ engines were nonetheless always “OFF” during the voyage and turned “ON” only during the loading and unloading of the vehicles in the vessel.

They added that seafarer could not have accumulated benzene elements in his body given that the vessel was equipped with many big exhaust fans that drive away the toxic fumes.

The Supreme Court disregarded the employers’ argument by noting that the use of safety gears in the performance of the seafarer’s duties did not foreclose the possibility of his

to such harmful chemical, given that he was in fact diagnosed with Aplastic Anemia brought about by chronic exposure to benzene.

As a general rule, the seafarers most affected by benzene are those who perform vessel maintenance and tank cleaning.

But the Court noted that the claimant actively supervised as Chief Officer the loading and unloading operations of cars/motor vehicles in