ISM - ISPS - MLC

In 2001, the ISM Code became mandatory for commercial yachts over 500 GT. This Code requires the management company to be responsible for its implementation and maintenance. The main purpose being to ensure safety at sea, prevention of human injury or loss of life, and avoidance of damage to the environment and property.

n addition to the DPA, we assign an authorized captain to be in communication with the company for each ship or yacht under our management. These personnel deal with the daily ISM related work which includes: reviewing safety meetings, monthly maintence reports, dealing with defect reports and providing solutions, assisting with manning issues, assuring crew records and qualifications are in order, responding to emergencies, communicating with Class and Flag States, etc.

A requirement of the ISM Code is that the ships / yachts and the company are audited for compliance. The Flag State also carries out an external annual audit for the ships / yachts. Audits are very beneficial exercises for both parties, providing an opportunity to raise the level of awareness and interest in safety management for all concerned.

ISPS became mandatory for commercial superyachts over 500 GT in 2004. The main purpose of the rules are to detect security threats and to implement measures to prevent incidents affecting yachts or port facilities.

To comply, has been to appoint a company security officer and the yacht appoints a ship security officer, a member of the crew. Both appointments require the individual to receive appropriate training approved by the Flag State. The ship security plan is also required. The yacht situation is assessed and the plan prepared by the company is submitted to the Flag State for approval. This assessment follows guidance within the rules, but in general, considers the physical and structural security of the yacht, personnel protection systems, procedural polices, communications and areas on board that if compromised pose a risk to personnel on board, the yacht or operations.

On a practical point, the ISPS process includes the control of persons having access to the yachts or ships, understanding what is being embarked on board in way of goods and materials. Awareness of port surroundings, controlling access to restricted areas on board, reacting and adjusting to security levels set by the Flag State or Port Authority. Record keeping of who has been on board, schedule of training drills, testing of shipboard alert systems, records of guest baggage checked, a search for a stowaway or a desk top exercise for a suspected situations. The ISPS is subject to audit for the level of compliance on board, these audits are carried out at the same time as the ISM.

This convention implemented in 2011 has effectively consolidated nearly 70 other conventions relating to the employment of seafarers and their conditions of employment. The objective of the MLC 2006, which is complementary to the ISM and other international conventions, is to provide minimum requirements for the working and living conditions for seafarers.

The main parts of the convention are the minimum requirements for seafarers to work on a ship, conditions of employment, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection, compliance and enforcement.

All crew must be provided with Seafarers Employment Agreements issued by the employer. The Seafarers Employment Agreement is a comprehensive document, including the name and details of the employer and ship owner, all details of the crew, confirm payment of wages, job title and principle duties, entitlement to food and accommodation, duration and terms of termination, minimum hours of rest, entitlement to leave, repatriation, medical care on board, medical insurance, sick leave, disciplinary rules and procedures, complaints procedure, drug and alcohol policy, employer’s confidentiality policy, training policies and jurisdiction, etc.

In addition to the Seafarers Employment Agreement, makes a declaration in the form of a DMLC II (Declaration Maritime Labour Convention) to the Flag State of the yachts or ships. This, in conjunction with the Maritime Labour Certificate, are statutory certificates in place to demonstrate compliance with the MLC 2006 Convention. The MLC 2006 is also incorporated in the auditing process along with the ISM and ISPS.

The above comments are a brief synopsis of the ISM/ISPS & MLC 2006 codes all of which are comprehensive. If more detailed information relating to these codes is required, please contact our team who can provide expert guidance and advice.