IMO's review of ISM Code: Enhancing safety and addressing human element issues

Eda Zenic -

The International Maritime Organization has issued a document outlining matters related to the International Safety Management (ISM) Code that need to be considered by the Maritime Safety Committee (MSC) at its 109th session.

It consolidates and streamlines several key issues that have been deferred from previous MSC sessions (107 and 108) and new matters, aiming to guide future actions in relation to the ISM Code, which is crucial for ensuring the safety and management of international shipping.

Key Points for Consideration

Comprehensive Review of the ISM Code and Guidelines:

  • Proposal by Norway: During MSC 107, Norway proposed a comprehensive review of the ISM Code and its related guidelines (document MSC 107/17/5). The proposal calls for updating and improving the ISM Code to ensure it continues to meet the evolving needs of global maritime safety management. However, this proposal was deferred to await the outcomes of several ongoing studies and reports, including the Joint ILO/IMO Working Group's recommendations and a study by the IMO Secretariat on the ISM Code’s effectiveness.
  • Deferred Decision: MSC 109 will now revisit Norway’s proposal, considering the findings of these studies and reports. The objective is to ensure that the ISM Code remains fit for purpose in the context of modern maritime operations, particularly with regard to safety, human elements, and regulatory compliance.

Joint ILO/IMO Working Group on Seafarers' Issues and the Human Element:

  • Human Element and Safety Management: The second meeting of the Joint ILO/IMO Working Group (JTWG) focused on addressing seafarer-related issues, including violence, harassment, bullying, and sexual assault on ships. These are significant concerns in the maritime industry, which directly affect the safety and well-being of seafarers and have implications for the overall safety management onboard vessels.
  • Incorporating Human Element into ISM Code: The JTWG’s recommendations emphasize the need to incorporate policies and procedures for preventing and addressing these issues into company safety management systems. This includes defining responsibilities, ensuring compliance with national regulations, and providing adequate resources for both onboard and shoreside management. The MSC is invited to consider these recommendations as part of the comprehensive ISM Code review.

Concerns Over the Implementation of Safety Management Systems:

  • Unsatisfactory Implementation of ISM Code: At MSC 108, concerns were raised about the inconsistent and unsatisfactory implementation of safety management systems under the ISM Code (document III 9/4). The issue of ensuring that safety management systems meet the required standards has been a long-standing challenge in the maritime industry. Various reports have indicated that many companies and administrations struggle to fully implement the provisions of the ISM Code, particularly regarding non-technical aspects like human factors and resource management.
  • Addressing Implementation Challenges: MSC 109 is tasked with addressing these concerns, particularly through the lens of the study on the ISM Code’s effectiveness, as well as the need to align the code with emerging safety and human resource issues.

Study on the Effectiveness of the ISM Code:

  • Report on Effectiveness: A study commissioned by the IMO Secretariat (document MSC 109/INF.3) examines the ISM Code's effectiveness and its implementation in the global maritime sector. The study aims to provide a comprehensive assessment of how well the ISM Code achieves its objectives of promoting safe, secure, and environmentally responsible shipping. The study highlights areas where the Code could be improved, particularly in relation to human elements, safety culture, and non-technical skills.
  • Potential Regulatory Action: Based on the findings, the MSC is expected to consider whether regulatory changes to the ISM Code are necessary. This could involve updating guidelines, ensuring better compliance across all types of vessels, and enhancing the capacity-building efforts of IMO member states and shipping companies.

Summary of Recommendations for MSC 109 Action

The following key actions are recommended for consideration by MSC 109:

Initiating a Comprehensive Review of ISM Code Guidelines:

  • The MSC is urged to initiate a revision of guidelines on ISM Code implementation, specifically resolutions and circulars that govern how administrations and companies apply the Code. This review would incorporate policies for addressing violence and harassment, including sexual harassment and bullying, and ensure that safety management systems also account for victim care, mental health support, and safeguards against retaliation.

Ensuring Compliance with National Regulations and Industry Guidance:

  • The MSC should ensure that the ISM Code is updated to align with national and international regulations addressing violence, harassment, and other human element-related issues. The aim is to make safety management systems more comprehensive and aligned with modern legal and ethical standards.

Apportioning Responsibilities for Addressing Human Element Issues:

  • Responsibilities for addressing incidents of violence and harassment, as well as ensuring proper care and support for victims, should be clearly defined within company policies. Companies should allocate sufficient resources for management and response to such issues, both onboard and ashore.

Training and Familiarization:

  • Companies and administrations should ensure that both seafarers and shoreside personnel are adequately trained and familiarized with the relevant policies related to the ISM Code, especially those dealing with human resource management and non-technical skills.

Review of Port State Control (PSC) Guidelines:

  • The MSC is asked to review the Port State Control (PSC) guidelines in relation to ISM Code implementation. This would ensure that the ISM Code is consistently and effectively applied across all vessels, minimizing disparities in compliance across different flag states and regions.

Long-Term Review of ISM Code:

  • A broader review of the ISM Code is proposed, to be initiated in collaboration with other relevant IMO sub-committees, to enhance the Code’s effectiveness, ensure its provisions meet current and future industry challenges, and integrate emerging issues like human factors and organizational safety.

Capacity-Building and Training on Non-Technical Skills:

  • The MSC is also advised to establish initiatives focused on training and capacity-building for the personnel involved in implementing the ISM Code. This would enhance the human contributions to safety, focusing on non-technical skills like leadership, communication, and risk management.