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There are four (4) ISM Code (International Safety Management Code) Certificates:

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1. IDOC (Interim Document of Compliance) Maximum 12 months and IDOC certificate cannot be extended or re-issued.
2. ISMC (Interim Safety Management Certificate) Maximum 6 months.
3. DOC (Document of Compliance) Maximum 5 years and annual verification.
4. SMC (Safety Management Certificate) Maximum 5 years and intermediate verification.

ISM Code (International Safety Management Code) History:

ISM Code (International Safety Management Code) was progressing through the IMO (International Maritime Organization) at a slow pace. In 1994, The Herald of Free Enterprise capsized and followed that tragic incident by MV Estonia. These tragic incidents resulted into implement the ISM Code for Phase I (one) ships, on 1 July 1998. 1 July 2002, ISM Code for phase II (two) ships became mandatory. During the late 1970s, there was a major shift in the shipping industry to Flags of Convenience and shipowners were not operating their ships but passing them out to ship management companies, which were often based in countries new to the shipping world. Shipping industry quality was low and ship losses and a large increase in loss of life increased exponentially. In 1990, Lloyd’s of London paid out $4 billion in claims. Initially, ship manager companies were dealing with ISO 9001. Shipping companies’ own ISO 9000 series of quality management systems were not enough. IMO (International Maritime Organization) introduced the ISM Code (International Safety Management Code). Before the introduction of the ISM Code (International Safety Management Code), International Ship Managers’ Association (ISMA) standard was introduced, but that standard failed.

Relationship between the ISM Code and the ISPS Code: which is more important, safety or security?

In shipping, both safety and security are needed. A shipowner could have a secure ship that is not safe, which in turn could lead to the ship being lost, no matter how secure it is. But if the ship is not secure, it can be lost to acts of piracy and other related matters. Safety Management System (ISM Code’s sub-section) ensures that:

• Compliance with Mandatory Rules and Regulations
• Applicable Codes, Guidelines and Standards recommended by the Organization (IMO), Administrations (Flag States signatory to the IMO Conventions), Classification Societies (IACS – International Association of Classification Societies), and Maritime Industry Organizations (ICS – International Chamber of Shipping, International Marine Pilots Association – IMPA, International Federation of Ship Masters’ Associations – IFSMA, Inter manager, and Intercargo) are taken into account.

There is a relationship between the different standards and a need to cope with the issued certificates; a full set of certificates has to be retained at all times. Port State Control (PSC) inspections have a mechanism that will increase their severity; which parameters cause this needs to be understood by those dealing with the results. ISM Code has now been about in the shipping industry since the early 1990s. ISM Code became available to the shipping industry and its mandatory application commenced on 1 July 1998.

Auditing Ships via ISM Code (International Safety Management Code):

ISM Code (International Safety Management Code) is an audit regime like auto control and the ISM Code (International Safety Management Code) is dependent on auditing. Unlike, inspection or survey, ISM Code (International Safety Management Code) is a method for ascertaining compliance. Even if an audit does not report any non-conformity, that does not mean non-conformity does not exist. ISM Code (International Safety Management Code) has its own cycle for auditing. ISM Code is not part of the Harmonized System of Survey and Certification (HSSC) and never will be. Auditing is not an inspection and auditing is not a survey in the maritime industry. The ship-manager should understand the concept and practices of systemic internal auditing. There are 3 types of audits in the maritime industry:

1. Internal
2. External
3. Verification

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ISM Code (International Safety Management Code)

ISM Code (International Safety Management Code) is also part of the Safety of Life at Sea Convention (SOLAS). The background to the introduction of the ISM Code (International Safety Management Code) was a series of very high profile maritime losses during the 1980s and early 1990s. Particularly, the total loss of the MV Herald of Free Enterprise in 1987 with a tremendous passenger death toll was almost entirely the result of a lack of safety management procedures. This incident was followed by the loss of MV Estonia, safety management was certainly a factor. Notwithstanding, many of the total losses that occurred during this period were less high profile but a significant number of bulk carriers were very severely damaged or lost, sometimes without a trace of ship or crew. Principally large bulk carriers but there were also some new and well-maintained container ships were very severely damaged or lost. In some of these incidents, there was little doubt that a lack of maintenance played a large part in the incidents, and in particular there were failures of side shell plating due to corrosion particularly in the areas of side shell frames. In other incidents, the losses were due to failures in risk perception and consequent management.

Objectives of ISM Code (International Safety Management Code):

The purpose of the ISM Code (International Safety Management Code) is to provide an international standard for the safe management and operation of ships and pollution prevention. Section 1.2:

1.2.1 The objectives of the Code are to ensure safety at sea, prevention of human injury or loss of life avoidance of damage to the environment, in particular to the marine environment and property.
1.2.2 Safety management objectives of the ‘Company’ should, inter alia:
1.2.2.1 provide for safe practices in ship operation and a safe working environment
1.2.2.2 establish safeguards against all identified risks; and
1.2.2.3 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 management system should ensure:
1.2.3.1 compliance with mandatory rules and regulations; and
1.2.3.2 that applicable codes, guidelines, and standards recommended by the organization, classification societies, and maritime industry organizations are taken into account.”

ISM Code (International Safety Management Code) and Crew Training

Shipowners have to employ competent crew members. Nevertheless, the ISM Code (International Safety Management Code) now dictates that records of the recruitment of key personnel be kept and that training records are up to date. Crew training is a requirement of STCW (Standards in Training, Certification, and Watchkeeping) which is another IMO convention relating to training standards.

In respect of the Master, section 6.1 of the Code states:
“ The company should ensure that the Master is:
1. Properly qualified for command;
2. Fully conversant with the company’s Safety Management Systems (SMS);
3. Given the necessary support so that the Master’s duties can be safely performed.”

There is a further requirement that senior ship officers should have a working knowledge of the ISM Code’s (International Safety Management Code) requirements while the crew must certainly be aware of the basic safety drill requirements.

ISM Code (International Safety Management Code) and the Charterer

Substantive compliance with the ISM Code (International Safety Management Code) is the responsibility of the shipowner and the ship manager to whom the shipowner has entrusted the ship. There are however some significant implications for the Charterer.

The introduction of the ISM Code (International Safety Management Code) was intended to create a new culture of safety at sea whereby accidents and particularly pollution incidents would not be tolerated. When a disaster occurs in the ocean, society wants someone to blame. In the case of the loss of the tanker MT Erika off the coast of France in 2000 much of the blame for the serious oil pollution of the French holiday beaches attached to the Charterers, the French oil company Elf TotalFina, because unlike the shipowners they had a very obvious public image.

Implementation of the ISM Code (International Safety Management Code)

Originally, the major maritime nations including the USA, European Union countries, Norway, Australia, Canada, and Japan embraced the ISM Code (International Safety Management Code) wholeheartedly while other nations particularly some minor maritime nations in the Far East were less concerned. Lately, the skeptics have seen the advantages and today the ISM Code (International Safety Management Code) is enforced by the most flag and port states.

ISM Code (International Safety Management Code) Procedures

ISM Code (International Safety Management Code) requires formal procedures for all activity relating to the safe management and operation of the ship both in the offices ashore and in the ship afloat. In the same way as in other ‘quality systems’, the procedures need to be fully documented. While documented Ship and Safety Management systems can be bought off the shelf these will still need to be substantially tailored to the requirements of the individual company, the types of ships it operates, and even the trade routes with which it is involved. The best practice is to write the ISM Code (International Safety Management Code) procedures in-house so that they reflect the best actual practice used in the company. All employees both ashore and afloat need to be inducted into the system although the degree of involvement will vary considerably with seniority and areas of responsibility.

A crucial aspect of any management system is identifying and reporting non-conformities. This is especially the case with accidents, near misses, and navigational discrepancies which may be seen to challenge a particular officer. These may occur because the system is not being followed in which case corrective action needs to be taken to prevent re-occurrence. Nevertheless, non-conformance is often the result of a badly written ISM Code (International Safety Management Code) procedure which does not reveal the reality of the activity, in such cases the ISM Code (International Safety Management Code) procedure needs to be replaced. Reporting and investigation of non-conformance are at the heart of systems improvement.

ISM Code (International Safety Management Code) Audit

The object of the ISM Code (International Safety Management Code) is safe management coupled with continuous improvement. There has to be an audit trail to prove this and the management office is audited annually by external auditors authorized by the flag state. Each ship must be audited twice every five (5) years. Between these external audits, the ship managers must undertake internal audits to ensure that there is proceeding compliance and must retain the documentary evidence of the internal audits. The audits have to show that what is written in the procedures takes place in practice and that there is evidence of this. Shipboard and office procedures are linked so that for example, Masters’ or Chief Engineers’ reports become quality records to support the ship maintenance the office planned or ordered.

ISM Code (International Safety Management Code) and Port State Control (PSC)

The proper understanding and application by the ship’s command of the ship Safety Management Systems (SMS) are subject to Port State Control (PSC) inspection. Port State Control (PSC) inspector’s role, in this case, is not to cancel the ship’s Safety Management Certificate, that is a matter for the Flag State, but the ship can be detained until any breaches of the Safety Management Systems (SMS) are corrected.

The International Ship and Port Facility Security (ISPS) Code is an amendment to the Safety of Life at Sea (SOLAS) Convention (1974/1988) on Maritime security including minimum security arrangements for ships, ports and government agencies. Having come into force in 2004, it prescribes responsibilities to governments, shipping companies, shipboard personnel, and port/facility personnel to 'detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade.'

History[edit]

The International Maritime Organization (IMO) states that 'The International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the United States' (IMO).

Development and implementation were sped up drastically in reaction to the September 11, 2001 attacks and the bombing of the French oil tanker Limburg. The U.S. Coast Guard, as the lead agency in the United States delegation to the IMO, advocated for the measure.^[1] The Code was agreed at a meeting of the 108 signatories to the SOLAS convention in London in December 2002. The measures agreed under the Code were brought into force on July 1, 2004.

Appointed officers[edit]

ISPS Code demands that every ship must have a Company Security Officer (CSO) that will work alongside the Ship Security Officer (SSO) for security purposes. The CSO takes data from the Ship Security Assessment or Vessel Security Assessment to advise on possible threats that could happen on the ship. He will ensure that the Ship Security Plan (SSP) is maintained in an efficient manner by the SSO.^[2]

The Ship Security Officer has full responsibility of the vessels security with the captain’s approval as stated in chapter XI-2/8.^[2] The SSO maintains the SSP and conducts regular security inspections to make sure that the appropriate security steps are always taken. The SSO also ensures that the security crew is trained for high security level purposes.^[2]

Scope[edit]

The ISPS Code states that it is the sole responsibility of the Company Security Officer (CSO) and Company to approve the Ship Security Officer (SSO). This process must be approved by the administration of the flag state of the ship or verified security organization with approval of the Ship Security Plan or Vessel Security Plan (VSP).^[3] The ISPS Code ensures that before the VSP is set in place that Vessel Security Assessments must be taken (VSA).^[4] The Vessel Security Plan must address every requirement in the Vessel Security Assessment.^[4] The VSP must establish a number of important roles and steps to provide safety for the marine vessel. Therefore, the VSP must include procedures to allow necessary communication that shall be enforced at all times.^[4] The VSP has to include procedures that assessed for the performance of daily security protocols. It also must include the assessment of security surveillance equipment systems to detect malfunctioning parts.^[4] ISPS code requires that the Vessel Security Plan must have strict procedure and practices for the vital protection of Sensitive Security Information (SSI) that is either in the form of electronic or paper. Observation of procedures has to include timed submissions, and assessments of security reports pertaining to heightened security concerns.^[4] ISPS code requests that the VSP maintain an updated inventory of dangerous or hazardous goods and substances that are carried aboard the ship.^[4] The location of the goods or substance must be stated in the inventory report.^[4]

The ISPS Code is implemented through chapter XI-2 Special measures to enhance maritime security in the International Convention for the Safety of Life at Sea (SOLAS).

Regulation XI-2/3 ensures that administrations establish security levels and guarantee the provisions of strict security level data to ships that fly their flag.^[5] Ships that are prior to docking in port must immediately comply with all requirements for security levels that are determined by that contracting government.^[5] This also pertains to the security level that is established by the Administration for that ship.

Regulation XI-2/6 makes sure that all ships are equipped with a security alarm system.^[5] The alarm system works from the ship to administration ashore with transmitted signals that are communicated via satellite.^[5] The advanced security alarm system shall send a signal indicating the ship name, location, and the security threat that the ship is undergoing. The ships alarm system may be activated from the navigation bridge by the captain without alarming the crew on-board.^[5]

The Regulation XI-2/8 establishes the main role of the Sea Master, which allows him to maintain order and conduct decisions for the sake of the personnel and security of the ship. Regulations XI-2/8 states that the Sea Master must not by challenged or withheld from completing his duties.^[5]

The Code is a two-part document describing minimum requirements for security of ships and ports. Part A provides mandatory requirements. Part B provides guidance for implementation. Some contracting governments have elected to also treat Part B as mandatory.

The ISPS Code applies to ships on international voyages (including passenger ships, cargo ships of 500 GT^[6] and upwards, and mobile offshore drilling units) and the port facilities serving such ships. The Code does not apply to warships, naval auxiliaries or other ships owned or operated by a contracting government and used only on government non-commercial service.

MARSEC levels[edit]

Maritime Security (MARSEC) levels were constructed for quick communication from the ship to the U.S Coast Guard for different levels of threats aboard or ashore.^[7] The three security levels listed below are introduced by the ISPS Code.

MARSEC Level 1 is the normal level that the ship or port facility operates at on a daily basis. Level 1 ensures that security personnel maintain minimum appropriate security 24/7.^[7]

MARSEC Level 2 is a heightened level for a time period during a security risk that has become visible to security personnel. Appropriate additional measures will be conducted during this security level.^[7]

MARSEC Level 3 will include additional security measures for an incident that is forthcoming or has already occurred that must be maintained for a limited time frame. The security measure must be attended to although there might not be a specific target that has yet been identified.^[7]

Security level 3 should be applied only when there is reliable information given for that particular security threat that is probable or at hand.^[8] Security level 3 must be set for a timed duration for the identified security incident.^[8] Although the security levels will change from security level 1 to security level 2 and to security level 3, it is highly possible for the security levels to change drastically from security level 1 to security level 3.^[8]

National implementation[edit]

Europe[edit]

Europe has enacted the International regulations with EC Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004, on enhancing ship and port facility security.

United Kingdom[edit]

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The UK has enacted The Ship and Port Facility (Security) Regulations 2004, (S.I.1495 of 2004) these bring the EU regulation 725/2004 into UK law.^[9]

United States[edit]

The United States has issued regulations to enact the provisions of the Maritime Transportation Security Act of 2002 and to align domestic regulations with the maritime security standards of SOLAS and the ISPS Code. These regulations are found in Title 33 of the Code of Federal Regulations, Parts 101 through 107. Part 104 contains vessel security regulations, including some provisions that apply to foreign ships in U.S. waters.

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See also[edit]

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References[edit]

1. ^World Cruise - Maximum Security - Cruise Ships Secure from Terrorist Threats
2. ^ ^abc'What Are The Duties Of Ship Security Officer (SSO)?'. Marine Insight. 2 June 2012. Retrieved 10 April 2017.
3. ^'FAQ on ISPS Code and maritime security'. www.imo.org. Retrieved 10 April 2017.
4. ^ ^abcdefg'Authenticated U.S Government Information'(PDF). GPO.
5. ^ ^abcdef'FAQ on ISPS Code and maritime security'. www.imo.org. Retrieved 10 April 2017.
6. ^'The ISPS Code For Ships-An Essential Quick Guide'. www.marineinsight.com. Retrieved 13 May 2020.
7. ^ ^abcd'USCG: Maritime Security (MARSEC) Levels'. www.uscg.mil. Retrieved 10 April 2017.
8. ^ ^abc'FAQ on ISPS Code and maritime security'. www.imo.org. Retrieved 10 April 2017.
9. ^'The Ship and Port Facility (Security) Regulations 2004'.

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External links[edit]

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