The International Safety
Management Code
IMO Assembly Resolution A.741(18) - 1993
THE ASSEMBLY,
RECALLING Article 15(j) of the Convention
on the International Maritime Organization concerning the functions of
the Assembly in relation to regulations and guidelines concerning maritime
safety and the prevention and control of marine pollution from ships,
RECALLING ALSO resolution A.680(17),
by which it invited Member Governments to encourage those responsible for
the management and operation of ships to take appropriate steps to develop,
implement and assess safety and pollution prevention management in accordance
with the IMO Guidelines on management for the safe operation of ships and
for pollution prevention,
RECALLING ALSO resolution A.596(15),
by which it requested the Maritime Safety Committee to develop, as a matter
of urgency, guidelines, wherever relevant, concerning shipboard and shore-based
management and its decision to include in the work programme of the Maritime
Safety Committee and the Marine Environment Protection Committee an item
on shipboard and shore-based management for the safe operation of ships
and for the prevention of marine pollution, respectively,
RECALLING FURTHER resolution A.441(XI),
by which it invited every State to take the necessary steps to ensure that
the owner of a ship which flies the flag of that State provides such State
with the current information necessary to enable it to identify and contact
the person contracted or otherwise entrusted by the owner to discharge
his responsibilities for that ship in regard to matters relating to maritime
safety and the protection of the marine environment,
FURTHER RECALLING resolution A.443(XI),
by which it invited Governments to take the necessary steps to safeguard
the shipmaster in the proper discharge of his responsibilities in regard
to maritime safety and the protection of the marine environment,
RECOGNIZING the need for appropriate
organization of management to enable it to respond to the need of those
on board ships to achieve and maintain high standards of safety and environmental
protection,
RECOGNIZING ALSO that the most important
means of preventing maritime casualties and pollution of the sea from ships
is to design, construct, equip and maintain ships and to operate them with
properly trained crews in compliance with international conventions and
standards relating to maritime safety and pollution prevention,
NOTING that the Maritime Safety Committee
is developing requirements for adoption by Contracting Governments to the
International Convention for the Safety of Life at Sea (SOLAS) 1974, which
will make compliance with the Code referred to in operative paragraph 1
mandatory,
CONSIDERING that the early implementation
of that Code would greatly assist in improving safety at sea and protection
of the marine environment,
NOTING FURTHER that the Maritime Safety
Committee and the Marine Environment Protection Committee have reviewed
resolution A.680(17) and the Guidelines annexed thereto in developing the
Code,
HAVING CONSIDERED the recommendations
made by the Maritime Safety Committee at its sixty-second session and by
the Marine Environment Protection Committee at its thirty-fourth session,
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ADOPTS the International Management Code
for the Safe Operation of Ships and for Pollution Prevention, (International
Safety Management (ISM) Code), set out in the Annex to the present resolution;
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STRONGLY URGES Governments to implement
the ISM Code on a national basis, giving priority to passenger ships, tankers,
gas carriers, bulk carriers and mobile offshore units, which are flying
their flags, as soon as possible but not later than 1 June 1998, pending
development of the mandatory applications of the Code;
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REQUESTS GOVERNMENTS to inform the Maritime
Safety Committee and the Marine Environment Protection Committee of the
action they have taken in implementing the ISM Code;
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REQUESTS the Maritime Safety Committee
and the Marine Environment Protection Committee to develop Guidelines for
the implementation of the ISM Code;
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REQUESTS ALSO the Maritime Safety Committee
and the Marine Environment Protection Committee to keep the Code and its
associated Guidelines, under review and to amend them, as necessary;
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REVOKES resolution A.680(17).
The International Safety
Management (ISM) Code
Annex to IMO Assembly Resolution A.741(18)
- 1993
PREAMBLE
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The purpose of this Code is to provide an international
standard for the safe management and operation of ships and for pollution
prevention.
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The Assembly adopted resolution A.443(XI) by
which it invited all Governments to take the necessary steps to safeguard
the shipmaster in the proper discharge of his responsibilities with regard
to maritime safety and the protection of the marine environment.
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The Assembly also adopted resolution A.680(17)
by which it further recognized the need for appropriate organization of
management to enable it to respond to the need of those on board ships
to achieve and maintain high standards of safety and environmental protection.
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Recognizing that no two shipping companies or
shipowners are the same, and that ships operate under a wide range of different
conditions, the Code is based on general principles and objectives.
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The Code is expressed in broad terms so that
it can have a widespread application. Clearly, different levels of management,
whether shore-based or at sea, will require varying levels of knowledge
and awareness of the items outlined.
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The cornerstone of good safety management is
commitment from the top. In matters of safety and pollution prevention
it is the commitment, competence, attitudes and motivation of individuals
at all levels that determines the end result.
1. GENERAL
1.1 Definitions
1.1.1 "International Safety Management
(ISM) Code" means the International Management Code for the Safe Operation
of Ships and for Pollution Prevention as adopted by the Assembly, as may
be amended by the Organization.
1.1.2 "Company" means the Owner of
the ship or any other organization or person such as the Manager, or the
Bareboat Charterer, who has assumed the responsibility for operation of
the ship from the Shipowner and who on assuming such responsibility has
agreed to take over all the duties and responsibility imposed by the Code.
1.1.3 "Administration" means the Government
of the State whose flag the ship is entitled to fly.
1.2 Objectives
1.2.1 The objectives of the Code are to ensure
safety at sea, prevention of human injury or loss of life, and avoidance
of damage to the environment, in particular, to the marine environment,
and to property.
1.2.2 Safety management objectives of the
Company should, inter alia:
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provide for safe practices in ship operation
and a safe working environment;
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establish safeguards against all identified risks;
and
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continuously improve safety management skills
of personnel ashore and aboard ships, including preparing for emergencies
related both to safety and environmental protection.
1.2.3 The safety and management system should
ensure:
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compliance with mandatory rules and regulations;
and
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that applicable codes, guidelines and standards
recommended by the Organization, Administrations, classification societies
and maritime industry organizations are taken into account.
1.3 Application
The requirements of this Code may be applied
to all ships.
1.4 Functional requirements for a Safety
Management System (SMS)
Every Company should develop, implement and
maintain a Safety Management System (SMS) which includes the following
functional requirements:
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a safety and environmental protection policy;
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instructions and procedures to ensure safe operation
of ships and protection of the environment in compliance with relevant
international and flag State legislation;
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defined levels of authority and lines of communication
between, and amongst, shore and shipboard personnel;
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procedures for reporting accidents and non-conformities
with the provisions of this Code;
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procedures to prepare for and respond to emergency
situations; and
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procedures for internal audits and management
reviews.
2. SAFETY AND ENVIRONMENTAL PROTECTION POLICY
2.1 The Company should establish a safety
and environmental protection policy which describes how the objectives,
given in paragraph 1.2, will be achieved.
2.2 The Company should ensure that the policy
is implemented and maintained at all levels of the organization both ship
based as well as shore based.
3. COMPANY RESPONSIBILITIES AND AUTHORITY
3.1 If the entity who is responsible for
the operation of the ship is other than the owner, the owner must report
the full name and details of such entity to the Administration.
3.2 The Company should define and document
the responsibility, authority and interrelation of all personnel who manage,
perform and verify work relating to and affecting safety and pollution
prevention.
3.3 The Company is responsible for ensuring
that adequate resources and shore based support are provided to enable
the designated person or persons to carry out their functions.
4. DESIGNATED PERSON(S)
To ensure the safe operation of each ship
and to provide a link between the company and those on board, every company,
as appropriate, should designate a person or persons ashore having direct
access to the highest level of management. The responsibility and authority
of the designated person or persons should include monitoring the safety
and pollution prevention aspects of the operation of each ship and to ensure
that adequate resources and shore based support are applied, as required.
5. MASTER'S RESPONSIBILITY AND AUTHORITY
5.1 The Company should clearly define and
document the master's responsibility with regard to:
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implementing the safety and environmental protection
policy of the Company;
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motivating the crew in the observation of that
policy;
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issuing appropriate orders and instructions in
a clear and simple manner;
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verifying that specified requirements are observed;
and
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reviewing the SMS and reporting its deficiencies
to the shore based management.
5.2 The Company should ensure that the SMS operating
on board the ship contains a clear statement emphasizing the Master's authority.
The Company should establish in the SMS that the master has the overriding
authority and the responsibility to make decisions with respect to safety
and pollution prevention and to request the Company's assistance as may
be necessary.
6. RESOURCES AND PERSONNEL
6.1 The Company should ensure that the master
is:
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properly qualified for command;
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fully conversant with the Company's SMS; and
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given the necessary support so that the Master's
duties can be safely performed.
6.2 The Company should ensure that each
ship is manned with qualified, certificated and medically fit seafarers
in accordance with national and international requirements.
6.3 The Company should establish procedures
to ensure that new personnel and personnel transferred to new assignments
related to safety and protection of the environment are given proper familiarization
with their duties. Instructions which are essential to be provided prior
to sailing should be identified, documented and given.
6.4 The Company should ensure that all personnel
involved in the Company's SMS have an adequate understanding of relevant
rules, regulations, codes and guidelines.
6.5 The Company should establish and maintain
procedures for identifying any training which may be required in support
of the SMS and ensure that such training is provided for all personnel
concerned.
6.6 The Company should establish procedures
by which the ship's personnel receive relevant information on the SMS in
a working language or languages understood by them.
6.7 The Company should ensure that the ship's
personnel are able to communicate effectively in the execution of their
duties related to the SMS.
7. DEVELOPMENT OF PLANS FOR SHIPBOARD OPERATIONS
The Company should establish procedures for
the preparation of plans and instructions for key shipboard operations
concerning the safety of the ship and the prevention of pollution. The
various tasks involved should be defined and assigned to qualified personnel.
8. EMERGENCY PREPAREDNESS
8.1 The Company should establish procedures
to identify, describe and respond to potential emergency shipboard situations.
8.2 The Company should establish programmes
for drills and exercises to prepare for emergency actions.
8.3 The SMS should provide for measures ensuring
that the Company's organization can respond at any time to hazards, accidents
and emergency situations involving its ships.
9. REPORTS AND ANALYSIS OF NON-CONFORMITIES,
ACCIDENTS AND HAZARDOUS OCCURRENCES
10. MAINTENANCE OF THE SHIP AND EQUIPMENT
10.1 The Company should establish procedures
to ensure that the ship is maintained in conformity with the provisions
of the relevant rules and regulations and with any additional requirements
which may be established by the Company.
10.2 In meeting these requirements the Company
should ensure that:
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inspections are held at appropriate intervals;
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any non-conformity is reported with its possible
cause, if known;
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appropriate corrective action is taken; and
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records of these activities are maintained.
10.3 The Company should establish procedures
in SMS to identify equipment and technical systems the sudden operational
failure of which may result in hazardous situations. The SMS should provide
for specific measures aimed at promoting the reliability of such equipment
or systems. These measures should include the regular testing of stand-by
arrangements and equipment or technical systems that are not in continuous
use.
10.4 The inspections mentioned in 10.2 as
well as the measures referred to 10.3 should be integrated in the ship's
operational maintenance routine.
11. DOCUMENTATION
12. COMPANY VERIFICATION, REVIEW AND EVALUATION
12.1 The Company should carry out internal
safety audits to verify whether safety and pollution prevention activities
comply with the SMS.
12.2 The Company should periodically evaluate
the efficiency and when needed review the SMS in accordance with procedures
established by the Company.
12.3 The audits and possible corrective actions
should be carried out in accordance with documented procedures.
12.4 Personnel carrying out audits should
be independent of the areas being audited unless this is impracticable
due to the size and the nature of the Company.
12.5 The results of the audits and reviews
should be brought to the attention of all personnel having responsibility
in the area involved.
12.6 The management personnel responsible
for the area involved should take timely corrective action on deficiencies
found.
13. CERTIFICATION, VERIFICATION AND CONTROL
13.1 The ship should be operated by a Company
which is issued a document of compliance relevant to that ship.
13.2 A document of compliance should be issued
for every Company complying with the requirements of the ISM Code by the
Administration, by an organization recognized by the Administration or
by the Government of the country, acting on behalf of the Administration
in which the Company has chosen to conduct its business. This document
should be accepted as evidence that the Company is capable of complying
with the requirements of the Code.
13.3 A copy of such a document should be placed
on board in order that the Master, if so asked, may produce it for the
verification of the Administration or organizations recognized by it.
13.4 A Certificate, called a Safety Management
Certificate, should be issued to a ship by the Administration or organization
recognized by the Administration. The Administration should, when issuing
a certificate, verify that the Company and its shipboard management operate
in accordance with the approved SMS.
13.5 The Administration or an organization
recognized by the Administration should periodically verify the proper
functioning of the ship's SMS as approved.
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