Discussion Question 4
The ISM Code attempts to minimize the human errors by establishing a management system, and specifically aims to improve communication between the people on-board and those on land. Management procedures and responsibility must be documented in the company’s safety management system, known as the “SMS”. Pursuant to the company’s SMS, it will have to produce and maintain a series of documents to accredit the following:
• The reporting of accidents
• Procedures for implementing remedial action
• Records of inspections
• Procedures for managing documents
• Internal safety audits
However, since the advent of ISM code, there are many cases where the ship-owner was held liable even where local law places no duty on him, but the vessel’s own QMS manuals require actions which would have prevented the accident. In majority of examples, because the vessel’s QMS requirements were well-beyond the local legal requirements, the vessel was held potentially liable. Acknowledging that SMS manuals (quality system manuals) are living document and are aimed at continuous improvement, discuss how these legal pitfalls can be avoided while benefiting from the ISM code.
Credits will be given for case study or examples from industry.
Response to this must be uploaded by Tuesday midnight. (min 500 to max 700 words)