IMO Assembly Resolution A.741(18) - 1993
RECALLING Article 15(j) of the Conventionon the International Maritime Organization concerning the functions ofthe Assembly in relation to regulations and guidelines concerning maritimesafety 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 forthe management and operation of ships to take appropriate steps to develop,implement and assess safety and pollution prevention management in accordancewith the IMO Guidelines on management for the safe operation of ships andfor pollution prevention, RECALLING ALSO resolution A.596(15),by which it requested the Maritime Safety Committee to develop, as a matterof urgency, guidelines, wherever relevant, concerning shipboard and shore-basedmanagement and its decision to include in the work programme of the MaritimeSafety Committee and the Marine Environment Protection Committee an itemon shipboard and shore-based management for the safe operation of shipsand 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 thatthe owner of a ship which flies the flag of that State provides such Statewith the current information necessary to enable it to identify and contactthe person contracted or otherwise entrusted by the owner to dischargehis responsibilities for that ship in regard to matters relating to maritimesafety and the protection of the marine environment, FURTHER RECALLING resolution A.443(XI),by which it invited Governments to take the necessary steps to safeguardthe shipmaster in the proper discharge of his responsibilities in regardto maritime safety and the protection of the marine environment, RECOGNIZING the need for appropriateorganization of management to enable it to respond to the need of thoseon board ships to achieve and maintain high standards of safety and environmentalprotection, RECOGNIZING ALSO that the most importantmeans of preventing maritime casualties and pollution of the sea from shipsis to design, construct, equip and maintain ships and to operate them withproperly trained crews in compliance with international conventions andstandards relating to maritime safety and pollution prevention, NOTING that the Maritime Safety Committeeis developing requirements for adoption by Contracting Governments to theInternational Convention for the Safety of Life at Sea (SOLAS) 1974, whichwill make compliance with the Code referred to in operative paragraph 1mandatory, CONSIDERING that the early implementationof that Code would greatly assist in improving safety at sea and protectionof the marine environment, NOTING FURTHER that the Maritime SafetyCommittee and the Marine Environment Protection Committee have reviewedresolution A.680(17) and the Guidelines annexed thereto in developing theCode, HAVING CONSIDERED the recommendationsmade by the Maritime Safety Committee at its sixty-second session and bythe Marine Environment Protection Committee at its thirty-fourth session,
THE ASSEMBLY,
- ADOPTS the International Management Codefor the Safe Operation of Ships and for Pollution Prevention, (InternationalSafety Management (ISM) Code), set out in the Annex to the present resolution;
- STRONGLY URGES Governments to implementthe ISM Code on a national basis, giving priority to passenger ships, tankers,gas carriers, bulk carriers and mobile offshore units, which are flyingtheir flags, as soon as possible but not later than 1 June 1998, pendingdevelopment of the mandatory applications of the Code;
- REQUESTS GOVERNMENTS to inform the MaritimeSafety Committee and the Marine Environment Protection Committee of theaction they have taken in implementing the ISM Code;
- REQUESTS the Maritime Safety Committeeand the Marine Environment Protection Committee to develop Guidelines forthe implementation of the ISM Code;
- REQUESTS ALSO the Maritime Safety Committeeand the Marine Environment Protection Committee to keep the Code and itsassociated Guidelines, under review and to amend them, as necessary;
- REVOKES resolution A.680(17).
The International SafetyManagement (ISM) Code
Annex to IMO Assembly Resolution A.741(18)- 1993
PREAMBLE
- The purpose of this Code is to provide an internationalstandard for the safe management and operation of ships and for pollutionprevention.
- The Assembly adopted resolution A.443(XI) bywhich it invited all Governments to take the necessary steps to safeguardthe shipmaster in the proper discharge of his responsibilities with regardto maritime safety and the protection of the marine environment.
- The Assembly also adopted resolution A.680(17)by which it further recognized the need for appropriate organization ofmanagement to enable it to respond to the need of those on board shipsto achieve and maintain high standards of safety and environmental protection.
- Recognizing that no two shipping companies orshipowners are the same, and that ships operate under a wide range of differentconditions, the Code is based on general principles and objectives.
- The Code is expressed in broad terms so thatit can have a widespread application. Clearly, different levels of management,whether shore-based or at sea, will require varying levels of knowledgeand awareness of the items outlined.
- The cornerstone of good safety management iscommitment from the top. In matters of safety and pollution preventionit is the commitment, competence, attitudes and motivation of individualsat all levels that determines the end result.
1.1 Definitions
1.1.1 "International Safety Management(ISM) Code" means the International Management Code for the Safe Operationof Ships and for Pollution Prevention as adopted by the Assembly, as maybe amended by the Organization.
1.1.2 "Company" means the Owner ofthe ship or any other organization or person such as the Manager, or theBareboat Charterer, who has assumed the responsibility for operation ofthe ship from the Shipowner and who on assuming such responsibility hasagreed to take over all the duties and responsibility imposed by the Code.
1.1.3 "Administration" means the Governmentof the State whose flag the ship is entitled to fly.
1.2 Objectives
1.2.1 The objectives of the Code are to ensuresafety at sea, prevention of human injury or loss of life, and avoidanceof damage to the environment, in particular, to the marine environment,and to property.
1.2.2 Safety management objectives of theCompany should, inter alia:
- provide for safe practices in ship operationand a safe working environment;
- establish safeguards against all identified risks;and
- continuously improve safety management skillsof personnel ashore and aboard ships, including preparing for emergenciesrelated both to safety and environmental protection.
- compliance with mandatory rules and regulations;and
- that applicable codes, guidelines and standardsrecommended by the Organization, Administrations, classification societiesand maritime industry organizations are taken into account.
The requirements of this Code may be appliedto all ships.
1.4 Functional requirements for a SafetyManagement System (SMS)
Every Company should develop, implement andmaintain a Safety Management System (SMS) which includes the followingfunctional requirements:
- a safety and environmental protection policy;
- instructions and procedures to ensure safe operationof ships and protection of the environment in compliance with relevantinternational and flag State legislation;
- defined levels of authority and lines of communicationbetween, and amongst, shore and shipboard personnel;
- procedures for reporting accidents and non-conformitieswith the provisions of this Code;
- procedures to prepare for and respond to emergencysituations; and
- procedures for internal audits and managementreviews.
- 2.1 The Company should establish a safetyand environmental protection policy which describes how the objectives,given in paragraph 1.2, will be achieved.
2.2 The Company should ensure that the policyis implemented and maintained at all levels of the organization both shipbased as well as shore based.
- 3.1 If the entity who is responsible forthe operation of the ship is other than the owner, the owner must reportthe full name and details of such entity to the Administration.
3.2 The Company should define and documentthe responsibility, authority and interrelation of all personnel who manage,perform and verify work relating to and affecting safety and pollutionprevention.
3.3 The Company is responsible for ensuringthat adequate resources and shore based support are provided to enablethe designated person or persons to carry out their functions.
To ensure the safe operation of each shipand to provide a link between the company and those on board, every company,as appropriate, should designate a person or persons ashore having directaccess to the highest level of management. The responsibility and authorityof the designated person or persons should include monitoring the safetyand pollution prevention aspects of the operation of each ship and to ensurethat adequate resources and shore based support are applied, as required.
5. MASTER'S RESPONSIBILITY AND AUTHORITY
- 5.1 The Company should clearly define anddocument the master's responsibility with regard to:
- implementing the safety and environmental protectionpolicy of the Company;
- motivating the crew in the observation of thatpolicy;
- issuing appropriate orders and instructions ina clear and simple manner;
- verifying that specified requirements are observed;and
- reviewing the SMS and reporting its deficienciesto the shore based management.
- 6.1 The Company should ensure that the masteris:
- properly qualified for command;
- fully conversant with the Company's SMS; and
- given the necessary support so that the Master'sduties can be safely performed.
6.2 The Company should ensure that eachship is manned with qualified, certificated and medically fit seafarersin accordance with national and international requirements.
6.3 The Company should establish proceduresto ensure that new personnel and personnel transferred to new assignmentsrelated to safety and protection of the environment are given proper familiarizationwith their duties. Instructions which are essential to be provided priorto sailing should be identified, documented and given.
6.4 The Company should ensure that all personnelinvolved in the Company's SMS have an adequate understanding of relevantrules, regulations, codes and guidelines.
6.5 The Company should establish and maintainprocedures for identifying any training which may be required in supportof the SMS and ensure that such training is provided for all personnelconcerned.
6.6 The Company should establish proceduresby which the ship's personnel receive relevant information on the SMS ina working language or languages understood by them.
6.7 The Company should ensure that the ship'spersonnel are able to communicate effectively in the execution of theirduties related to the SMS.
- The Company should establish procedures forthe preparation of plans and instructions for key shipboard operationsconcerning the safety of the ship and the prevention of pollution. Thevarious tasks involved should be defined and assigned to qualified personnel.
- 8.1 The Company should establish proceduresto identify, describe and respond to potential emergency shipboard situations.
8.2 The Company should establish programmesfor drills and exercises to prepare for emergency actions.
8.3 The SMS should provide for measures ensuringthat the Company's organization can respond at any time to hazards, accidentsand emergency situations involving its ships.
- 9.1 The SMS should include procedures ensuringthat non-conformities, accidents and hazardous situations are reportedto the Company, investigated and analyzed with the objective of improvingsafety and pollution prevention.
9.2 The Company should establish proceduresfor the implementation of corrective action.
- 10.1 The Company should establish proceduresto ensure that the ship is maintained in conformity with the provisionsof the relevant rules and regulations and with any additional requirementswhich may be established by the Company.
- inspections are held at appropriate intervals;
- any non-conformity is reported with its possiblecause, if known;
- appropriate corrective action is taken; and
- records of these activities are maintained.
10.2 In meeting these requirements the Companyshould ensure that:
10.4 The inspections mentioned in 10.2 aswell as the measures referred to 10.3 should be integrated in the ship'soperational maintenance routine.
- 11.1 The Company should establish and maintainprocedures to control all documents and data which are relevant to theSMS.
- valid documents are available at all relevantlocations;
- changes to documents are reviewed and approvedby authorized personnel; and
- obsolete documents are promptly removed.
11.2 The Company should ensure that:
- 12.1 The Company should carry out internalsafety audits to verify whether safety and pollution prevention activitiescomply with the SMS.
12.2 The Company should periodically evaluatethe efficiency and when needed review the SMS in accordance with proceduresestablished by the Company.
12.3 The audits and possible corrective actionsshould be carried out in accordance with documented procedures.
12.4 Personnel carrying out audits shouldbe independent of the areas being audited unless this is impracticabledue to the size and the nature of the Company.
12.5 The results of the audits and reviewsshould be brought to the attention of all personnel having responsibilityin the area involved.
12.6 The management personnel responsiblefor the area involved should take timely corrective action on deficienciesfound.
- 13.1 The ship should be operated by a Companywhich is issued a document of compliance relevant to that ship.
13.2 A document of compliance should be issuedfor every Company complying with the requirements of the ISM Code by theAdministration, by an organization recognized by the Administration orby the Government of the country, acting on behalf of the Administrationin which the Company has chosen to conduct its business. This documentshould be accepted as evidence that the Company is capable of complyingwith the requirements of the Code.
13.3 A copy of such a document should be placedon board in order that the Master, if so asked, may produce it for theverification of the Administration or organizations recognized by it.
13.4 A Certificate, called a Safety ManagementCertificate, should be issued to a ship by the Administration or organizationrecognized by the Administration. The Administration should, when issuinga certificate, verify that the Company and its shipboard management operatein accordance with the approved SMS.
13.5 The Administration or an organizationrecognized by the Administration should periodically verify the properfunctioning of the ship's SMS as approved.