120906 ISM Code - 1 - Introduction
Transcript of 120906 ISM Code - 1 - Introduction
1
MM-SOP4000 Ship Operations ; 2012
NOMAR Nordic Master in Maritime Management ; 2012
Topic: ISM Code – 1. Introduction
Presented: 6. September 2012
By: Lars Chr. Iversen
References
2
Anderson, Introduction
http://www.imo.org/
http://www.ismcode.net/ (Anderson’s home page)
http://www.marisec.org/shippingfacts/home/
3
Framework & IMO
4
Requirements
imposed
Vessel & Company
Flag State
Classification
Society
Charterer
Port State
Insurance
Rules Generated
Contractual obligations
Laws/Rules/ Regulations Generated
Laws/Rules/ Regulations Generated
5
The individual
national states
The Flag State: has the
jurisdictional control of the
ships registered (flagged) by
the state.
The Port State: has certain
jurisdictional rights regarding
ships sailing within its national
waters
6
The Norwegian Maritime Directorate is a government body sub-
ordinated the Ministry of Trade and Industry and the Ministry of
Environment.
The directorate has jurisdiction over
i) ships registered in Norway
ii) foreign ships arriving Norwegian ports.
The directorate’s main goals are to prevent accidents and to achieve a
high level of safety for lives, health, vessels and the environment.
7
Shipping is global
Shipping is a highly globalized business. => Makes it necessary for international rules.
8
Over-national authority
The obligation by individual national states to follow over-
national organizations (e.g. UN, EU).
Ref.: Rules for ratification and implementation
http://www.imo.org/About/Conventions/ListOfConventions/Pa
ges/Default.aspx
9
IMO: International Maritime Organization (UN)
ILO: International Labor Organization
UNCTAD: United Nations Conference on Trade
and Development
WTO : World Trade Organization
United Nations
(IMO/ILO) Conventions
etc. Generated
Vessel & Company
Flag State
Classification
Society
Charterer
Port State
Insurance
MoU’s
Paris,
Tokyo etc
Rules Generated
Contractual obligations
Laws/Rules/ Regulations Generated
Laws/Rules/ Regulations Generated
International conventions imposed
11
International Conventions and Regulations
are implemented though the legislation of
each individual nation.
Conventions
Rules
Regulatations
National Laws
Implementation of Conventions by National States
12
Implementation of Conventions in Contracts
Conventions
Rules
Insurance
Charter contracts
Ship management contracts
13
IMO
The International Maritime Organization United Nations specialized agency Responsibility for the safety and security of shipping and the prevention of marine pollution by ships. Based on Convention established 1948. IMO Convention came into force in 1958. Located in London Members:
170 Member States and three Associate Members Consultancy Status:
78 international Non-Governmental Organizations (NGO’s) 63 international Inter-Governmental Organizations
14
The Maritime Safety Committee is
IMO's senior technical body on safety-
related matters
IMO Organization
Assembly Regular meeting every second year
Council China, Greece, Italy, Japan, Norway, Panama,
Republic of Korea, Russian Federation, United
Kingdom, United States.
Committees:
Maritime Safety Committee
Marine Environment Protection
Committee
Legal Committee
Technical Cooperation Committee
Facilitation Committee
15
Decision/Implementation process in IMO
Described in detail on IMO web-site
New Conventions
• Prepared by the Committee
• Approved (adopted) by the Assembly
• Ratification (signing) by the States
• Enter into force when conditions for State’s ratification has been
achieved
Complex and Time consuming
Amendments
Normally – enter into force after “Tacit Acceptance”
Amendment is valid if number of protesting nations not exceeds specified
limit.
16
The International Convention for the Safety of Life at Sea (SOLAS) is
an international maritime safety treaty.
The most important of all international treaties concerning the safety of
merchant ships.
Titanic 1912
About 1500 died
The first version of the treaty was passed in 1914 in response to the
sinking of the Titanic
SOLAS
17
Torrey Canyon
March 1967
About 130,000 ton (800.000
barrels) oil spill
Led to MARPOL
Torrey Canyon and other large-tanker
accidents in the 60’s led to MARPOL
IMO/ILO Conventions for shipping operations
18
Dealing with the ship
SOLAS (International Convention for the Safety of Life at Sea, 1974), IMO
MARPOL (International Convention for the Prevention of Pollution from Ships, 1973/1978), IMO
COLREG (Convention on the International Regulations for Preventing Collisions at Sea, 1972),
IMO
LOADLINE (International Convention on Loadlines, 1966), IMO
ISPS (The International Ship and Port Facility Security Code, 2002), IMO
Dealing with the shipping company
ISM (The International Safety Management Code, 1993), IMO (SOLAS Chapter IX)
Dealing with the seafarer
STCW (International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978/1995)
ILO 147 (The ILO Merchant Shipping (Minimum Standards) Convention, 1976) requires national
administrations to have effective legislation on labour issues such as hours of work, medical
fitness and seafarers' working conditions. This will be superseded by MLC, 2006 (The ILO
Maritime Labour Convention, 2006) when it comes into force.
19
ISM Code
20
Estonia Capsice and sink
Baltic Sea
28. Sept 1994
852 lives (989 pob)
Scandinavian Star Fire
Skagerrak
7. April 1990
159 lives (707 pob)
Herald of Free
Enterprise Capsice
British Channel
6. March 1987
193 lives (459 pob)
North-Europe ferry disasters
21
Exxon Valdez Grounding & Major oil spill
Alaska
24. March 1989
500,000 (+/-) barrels spill
Clean up: 2 bill. USD
Compensations: 1 bill. USD
Actual damages: 0.3 bill. USD
Puntive damages: 2.5 (?) bill. USD
Case still ongoing!
Exxon Valdez
Exxon Valdez incident led to US Oil Pollution Act 1990 (OPA 90)
22
ISM Code
=
Short name:
“The International Safety Management Code” Full name:
“The International Management Code for the Safe
Operation of Ships and for Pollution Prevention”
§ 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
23
IMO SOLAS, 1974:
ISM code = Chapter IX in SOLAS
Chapter IX:
§ 3.1: “The company and the ship shall comply with the requirements
of the ISM Code.
Incorporated in SOLAS in 1994
Validity from 1996/1998/2002 (depending on ship type)
24
Human factor
=
80% of casualities
Analysis of casualities
25
§
§
§
§
§
§ §
§
§
§
§
versus
Specific Requirements
Requirements to
Management System
”Old” thinking
and
still kept
”New” thinking
in addition
Specific versus System
Complexity driven
26
ISM not = Quality Management
However:
ISM Code is based on same principles as modern Quality
Management, e.g. ISO 9001
§ 1.2.3
“The safety management system should ensure:
.1 Compliance with mandatory rules and regulations; and
.2 that applicable codes, guidelines, and standards recommended by
the Organization, Administrations, classification societies and maritime
industry organizations are taken into account
27
ISM is legally mandatory
Implication:
Non-compliance = Legal Breach (by Flag State law)
i.e.:
Identified bodies/persons (Company, Designated Person,
Master) may be prosecuted for such breaches
28
Has it worked?
29
Total losses by number (ships over 500gt) Source: ICS / Int. Union of Marine Insurance
Has it worked….?
30
Lives lost on cargo ships Source: ICS/Lloyd's Register Fairplay
Has it worked….?
31
Estimated quantity of oil spilt Source: ICS/International Tanker Owners' Pollution Federation
Has it worked….?
32
33
And now - Deepwater Horizon….
Blow-out started 20. April 2010
• 11 lives lost
• Rig lost
• Major blow-out – lasted for about 3
months
• 4.9 million barrels?
• BP fund allocation: 20 billion USD
• BP paid per 07/12: 8.8 billion USD
”First Class Companies”:
BP – Oil Company Operator
Transocean – Drilling Rig Operator
Halliburton - Contractor
Note – Oil Drilling Unit, not ship
34
“(i) Better management of decision-making
processes within BP and other companies, (ii)
better communication within and between BP
and its contractors and (iii) effective training
of key engineering and rig personnel would
have prevented the Macondo incident.”
Ref: Wikipeda
White House Commission Report – conclusion:
35
Bourbon Dolphin
Anchor Handling Vessel (AHV)
Cap-sized during anchor handling
operations 12th April 2007.
8 people died.
Assignment will be given concerning this accident.
36
http://www.youtube.com/watch?v=ZlX-VVxNcn4&NR=1
8 died
37
Costa Concordia
Owned and operated by Costa Crociers, part of Carnival Group
Grounding - January 2012 – 4252 people onboard
32 people died
Compete loss of vessel?: New price: 800 mill USD?
Salvage operation: 300 mill. USD
Causes:
Note: Court hearing postponed until Oct. 2012
Speculations:
• Non-authorized navigation routing
“Macho” show-off?
• Old maps?
• Open water-tight doors?
38
Has it the ISM-Code worked….?
•Some good trends, in particular on pollution.
•But …still accidents happens.
•Recent events, e.g. ”Bourbon Dolphin”, will be used as
case studies as part of this course