Background on the ISM Code
The International Safety Management (ISM) Code was adopted by the International Maritime Organisation (IMO) in November 1993 and made mandatory under Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS). The Code sets out to ensure safety at sea, prevent human injury or loss of life, and avoid damage to the marine environment and property.
Phase I of the ISM Code came into force on 1st July 1998 and was applicable to passenger ships including high speed craft, tankers, bulk carriers and cargo high speed craft of 500 gross tonnes and above.
Phase II of the ISM Code, scheduled to come into force on 1st July 2002, is applicable to all other vessels above 500 gross tons which were not covered under Phase I. These include general cargo ships, survey vessels, container ships, ocean tugs, mobile offshore drilling units, reefer ships, car carriers, livestock carriers, cement carriers and woodchip carriers.
ISM Requirements
A. Establishment of Safety Management System (SMS)
The Code requires a safety management system (SMS) to be established by "the Company", which is defined as the shipowner or any person who has assumed responsibility for operating the ship. The SMS sets out the procedures by which the safety and pollution prevention aspects of a ship are managed, both ashore and on board. The Company should be able to follow the set procedures to check that it complies, and continues to comply, with the various rules and regulation, e.g. the Load Line Regulations, MARPOL, STCW, other chapters of SOLAS, etc. The Company is required to provide the necessary resources and shore-based support to implement the SMS. The Company is also expected to designate a person or persons ashore (DPA) having direct access to the highest level of management to ensure the safe operation of each ship and to provide a link between the Company and those on board.
B. Certification
The Administration (the State whose flag the ship is entitled to fly) or the organisation(s) recognised by the Administration is responsible for verifying compliance with the requirements of the ISM Code and for issuing the appropriate certificates.
A Document of Compliance (DOC) will be issued by the Administration or recognised organisation(s) after having verified that the Company has properly developed and implemented a SMS which complies with the ISM Code. The Company must produce objective evidence to show that the SMS has been in operation for at least three months on board at least one ship of each type operated by the Company.
A Safety Management Certificate (SMC) will be issued by the Administration or recognised organisation(s) to each ship operated by the Company after an initial verification of compliance by way of an external audit on board the particular ship.
The DOC has a validity of five years, subject to annual verification to check that the SMS is still functioning properly. The SMC also has a validity of five years but, unlike the DOC, requires at least one intermediate verification within the validity period.
Shipping companies can contact these Classification Societies for advice in setting up their SMS, and for ISM audits and certification.
Major Lessons Learnt from ISM Phase I
In looking at the Phase II implementation of the ISM Code, it is useful to look at some of the issues that arose during the implementation of ISM Code Phase I. Based on feedback gathered from the classification societies, the following are some of the major lessons learnt from ISM Phase I:
- Application for shipboard audits
As mentioned earlier, there was a large number of companies trying to implement the Code at the last minute and this led to a sharp increase in application for shipboard audits close to the deadline. This creates a backlog of work for the Classification Societies, and companies run the risk of not being able to obtain ISM certification in time. This could result in the company having to stop operations and lead to a loss in revenue. Companies are therefore advised to start implementing ISM Phase II early to avoid such a situation.
During Phase I of the ISM Code, many shipping companies were either not aware of the ISM Code, thought that the ISM Code would not actually come into force or that the deadline for compliance would be extended. From the experience of Phase I, we know that the deadline will not be extended and the ISM Code is definitely here to stay. It is therefore best for companies to take the ISM Code and its deadline for compliance seriously, and to look at how to effectively implement the Code.
- Safety Management Systems
Many companies had put too much detail in their SMS when a simple SMS covering all the necessary areas would have been sufficient. Such companies have the mentality that "more means better", which is not always true. Shipping companies should develop a system that covers all the necessary aspects but is not unduly complicated for implementation.
ISM Code Phase II
Phase II of the ISM Code will come into force on 1st July 2002. To many, the deadline may appear to be a long time from now. However, taking into account the amount of time needed to set up an SMS and train the shore-based staff and crew on board, it is advisable for shipping companies to start looking at implementing ISM Phase II early. If all companies start implementing the ISM Code too close to the deadline, this could cause a backlog of work for the authorised classification societies and companies may not be able to obtain ISM certification in time. Companies should also note that the SMS must be in operation for at least three months on board at least one ship of each type operated by the Company in order for the DOC to be issued. Shipping companies with Phase II vessels are therefore strongly encouraged to start implementing the ISM Code early. |
