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,
The International Safety
Management (ISM) Code
Annex to IMO Assembly Resolution A.741(18) - 1993
PREAMBLE
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:
1.2.3 The safety and management system should
ensure:
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:
2. SAFETY AND ENVIRONMENTAL PROTECTION POLICY
3. COMPANY RESPONSIBILITIES AND AUTHORITY
4. DESIGNATED PERSON(S)
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.
3.2 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.
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
6. RESOURCES AND PERSONNEL
7. DEVELOPMENT OF PLANS FOR SHIPBOARD OPERATIONS
8. EMERGENCY PREPAREDNESS
9. REPORTS AND ANALYSIS OF NON-CONFORMITIES,
ACCIDENTS AND HAZARDOUS OCCURRENCES
10. MAINTENANCE OF THE SHIP AND EQUIPMENT
11. DOCUMENTATION
12. COMPANY VERIFICATION, REVIEW AND EVALUATION
13. CERTIFICATION, VERIFICATION AND CONTROL
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.
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.
9.2 The Company should establish procedures
for the implementation of corrective action.
10.2 In meeting these requirements the Company should ensure that: 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.
11.2 The Company should ensure that:
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.
13.2 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.