4.4.2 International Safety Management (ISM) Code
89
The contribution of the shipping industry towards curbing substandard shipping and
maintaining requisite standards is largely through sound practical implementation of
the ISM Code. The upper echelons in the shipping industry must be committed to
motivating persons within their respective organizations at every level to achieve
high international standards. Each company (shipowner) must establish a Safety
Management System (SMS) the objectives and functional requirements of which
must be set out clearly. The SMS must include provisions for the company enabling
it to respond to any emergency situation involving its ship. It should also include
provisions ensuring the recording of any non-conformities to the company which
must be examined and rectified.
The company must create procedures for maintenance of the ship and its equipment, and provide for a Safety Management Manual. It must carry out safety audits
to ensure that safety and prevention of pollution activities are in accordance with the
SMS. It must hold a Document of Compliance (DOC) issued by the Flag State
Administration or an RO. A copy of the DOC must be kept on board at all times. To
assist the flag state administration in implementing the ISM Code, there are Guidelines which are, included in resolution A.788 (19).
90
4.5 Flag State Implications
As stated earlier, the flag state in relation to a ship and other states is the state whose
nationality is held by the ship and where it is registered evidenced by the display of
the state’s flag or ensign. Whether to ensure fulfilment of the international maritime
community’s objective of eradicating sub-standard ships, the primary burden should
be placed on flag states is a thought-provoking question. There are strong and
substantiated allegations that the open registry system has fostered substandard
ships. It is perhaps an understatement that open flag states have in many instances
failed to carry out their obligations under conventions in the most ideal manner. As
part of the response to this state of affairs, IMO set up a Flag State Implementation
Sub-committee under the Maritime Safety Committee to bring pressure to bear on
delinquent flag states. IMO put into place a self-assessment procedure designed as an
incentive to make flag states do their jobs. Subsequently another system known by
the abbreviation VIMSAS was introduced which was later replaced by IMSAS.
91 Be
89 International Management Code for the Safe Operation of Ships and for Pollution Prevention,
IMO Assembly Resolution A.741(18)—1993, Rev. 2015.
90 Appendix 1 to the Guidelines contains standards on ISM Code certification arrangements and
Appendix 2 contains the forms for the Document of Compliance and the Safety Management Code.
91 The Voluntary IMO Member States Audit Scheme (VIMSAS), as the name implies, was
originally a voluntary system which was later made mandatory and renamed the IMO Member
State Audit Scheme (IMSAS).
600
R. Mukherjee
89
The contribution of the shipping industry towards curbing substandard shipping and
maintaining requisite standards is largely through sound practical implementation of
the ISM Code. The upper echelons in the shipping industry must be committed to
motivating persons within their respective organizations at every level to achieve
high international standards. Each company (shipowner) must establish a Safety
Management System (SMS) the objectives and functional requirements of which
must be set out clearly. The SMS must include provisions for the company enabling
it to respond to any emergency situation involving its ship. It should also include
provisions ensuring the recording of any non-conformities to the company which
must be examined and rectified.
The company must create procedures for maintenance of the ship and its equipment, and provide for a Safety Management Manual. It must carry out safety audits
to ensure that safety and prevention of pollution activities are in accordance with the
SMS. It must hold a Document of Compliance (DOC) issued by the Flag State
Administration or an RO. A copy of the DOC must be kept on board at all times. To
assist the flag state administration in implementing the ISM Code, there are Guidelines which are, included in resolution A.788 (19).
90
4.5 Flag State Implications
As stated earlier, the flag state in relation to a ship and other states is the state whose
nationality is held by the ship and where it is registered evidenced by the display of
the state’s flag or ensign. Whether to ensure fulfilment of the international maritime
community’s objective of eradicating sub-standard ships, the primary burden should
be placed on flag states is a thought-provoking question. There are strong and
substantiated allegations that the open registry system has fostered substandard
ships. It is perhaps an understatement that open flag states have in many instances
failed to carry out their obligations under conventions in the most ideal manner. As
part of the response to this state of affairs, IMO set up a Flag State Implementation
Sub-committee under the Maritime Safety Committee to bring pressure to bear on
delinquent flag states. IMO put into place a self-assessment procedure designed as an
incentive to make flag states do their jobs. Subsequently another system known by
the abbreviation VIMSAS was introduced which was later replaced by IMSAS.
91 Be
89 International Management Code for the Safe Operation of Ships and for Pollution Prevention,
IMO Assembly Resolution A.741(18)—1993, Rev. 2015.
90 Appendix 1 to the Guidelines contains standards on ISM Code certification arrangements and
Appendix 2 contains the forms for the Document of Compliance and the Safety Management Code.
91 The Voluntary IMO Member States Audit Scheme (VIMSAS), as the name implies, was
originally a voluntary system which was later made mandatory and renamed the IMO Member
State Audit Scheme (IMSAS).
600
R. Mukherjee