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Explain the levels of non-conformity with the ism code
Course:- Case Study
Reference No.:- EM13865379




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Question:

a) Describe how the introduction of the ISM code has affected the safety of International Shipping

b) Describe the importance of the marine surveyor to the ship owner in relation to the ISM audit

c) Explain in detail the THREE levels of non-conformity with the ISM code.

d) Explain the main activities of an ISM audit. Outline how you would prepare for the work and concentrate on the documents that you would wish to sight, the people you would wish to interview and the equipment you would check

e) Finally address the following situation:

Your Principal is a Company which has a vessel under detention at Rotterdam, Netherlands. Date of Detention: 29th March 2014.

You are sent to attend the vessel and assist in having the detention lifted. Upon arrival at the vessel you find that the detention is due to:

Deficiencies raised as Major Non-conformities (MNC) and Non-conformities (NC) against the ISM Code.

MNC 1 Against Section 10.1 - Maintenance ESP survey report could not be found on board.

MNC 2 Against Section 62 - Crew Certification Goanese crewmembers were found on board holding only Indian Certification

NC 1 Against Section 12.1 - Internal Safety Audits. No objective evidence could be found that non-conformities raised at last Internal Audit (26-02-2013).

NC 2 Against Section 11.2.3 - Documentation. Obsolete Documentation found on the bridge in use

NC 3 Against Section 8.1 - Emergency Preparedness. The list of potential emergency shipboard situations and the programme for drills and exercises is not compatible.

Explain how you will carry out this work. In particular explain the key people you will be dealing with and what you will explain to your principals the tasks that need to be done to release the vessel.
Then write a report to the principals explaining what they should do to avoid similar detentions happening again.

Background information

The vessel is flagged with Liberia

The vessel is classed under LR

The ISM Certification for both DOC and SMC are under DNV

The vessel type is a VLCC and built in 1995.

Vessel has been classed with LR since construction

ISM Certification has been with DNV throughout DOC obtained 28th January 1998

SMC obtained 15th April 2002

NB In your answer please Note the following:

Remember not to exceed the powers that you have.

Be aware of your position and how you handle the various parties involved.

Do not become involved in a conflict of interest.

Answered:-

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Hetherington, Flin and Mearns (2006) write that the introduction of ISM Code has completely changed the definition of safety and precautions. It through its policies to hold on responsibilities for people and making people take on precautions has ensured that the major ships and ships owners who follow it do not face safety concerns. The result or the complete impact of introduction is the achievement of the objectives of the code as follows –

• Safe Practices and Safe Working Environment – The managers of the ships, the person engaged in its operations and everyone else who is on board are required to ensure safe practices. The ship owners have designed the ships in such manner that safe practices are already in place to ensure that the working environment is safe. However, this requires people to be cautious of the safe practices highlighted here and there. Otherwise then when people do not consider those practices, the impact of application of ISM code is that the ships have implemented safe practices and are now providing better safe working environment to their employees.

Risk identification and safeguards – As per the second objective the ship owners have to mandatorily identify the risks and perils that can impact their ships. And, then once they have been decided they put on safeguards for those risks. As Wang (2001) provides this ensures that the ships and ship employees along with the passengers and goods are protected from every peril that may hit the ship while it is in sea. However, the ISM code doesn’t only extends to 'in the sea' conditions rather it is equally applicable to 'off the sea' conditions. The reason is that not all the risks are related to sea and the things that may happen on sea; there are several other risks that may hit ships while they are off the sea in the dock. Thus the second impact of ISM code is that now for each ship risks have been identified and safeguards have been planted.




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