Page 21: of Marine News Magazine (February 2017)

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A & O can make is to have a safety plan and

PPLES RANGES

You can start formulating your plan then choose not to implement it or by determining the plan components worse, just ignore it. In the event that your operation requires. For larg- that an accident occurs, the claim- er vessels, the requirement for achiev- ant’s attorney will request all of the ing ISM Safety Management System documents related to your safety plan.

Certi? cation provides an excellent Having to admit that you didn’t have blueprint for formalizing your safety a safety plan is a painful event, but program. For tow boats and barge producing a plan that was ignored by operators, the American Waterways either management or the crew may

Operators’ (AWO) Responsible Car- prove to be worse and expose your rier Program provides an easy to im- company to an excessive judgment. plement safety management plan that It is important to note that the has already been tailored for your seg- development of a safety culture and ment of the industry. If you are not the formulation and implementation up to speed with the applicable laws, of an effective plan takes signi? cant regulations and recommended prac- time and resources. This is a project tices, you may want to start the pro- that will absorb signi? cant resources cess by meeting with your attorneys without showing an immediate re- or a safety management consultant to sult. However, if you stick with your determine where to start. program and continue to communi-

The requirements for ISM cer- cate and manage the plan effectively, ti? cation and compliance with the it will pay signi? cant dividends for

AWO’s Responsible Carrier Program your organization over the long term. are similar and require appropriate These long term bene? ts include an management, policies, vessel equip- improved safety record, more satis? ed ment, adequate crew and an audit of employees, operational savings due to the program to determine its effec- less downtime and an improved bot- tiveness. According to the ISM Code, tom line due to reduced insurance each certi? ed Safety Management and claim expenses.

System must include: a commitment from management, a comprehensive policy manual, a comprehensive pro- cedures manual, audit procedures, a dedicated employee who serves as an ombudsman between the vessel crew and the of? ce staff, a system for iden- Mr. DeMarcay is a partner in the tifying problems with implementa- law ? rm of Fowler Rodriguez Valdes- tion and regular management reviews. Fauli. His areas of practice include

Once you have started the process Commercial Litigation, Admiralty, of implementing the safety culture Personal Injury, Transportation, and a workable plan, you are on the Real Estate, Construction and road to improving your safety record. Corporate Law. Prior to attending

At that point, effective implementa- law school, Mr. DeMarcay served tion will be achieved by continued on the Washington based legislative leadership and the effective manage- staff of Congressman Jimmy Hayes. ment of the plan. On the WEB: www.frvf-law.com

The worst safety mistake that you www.marinelink.com MN 21

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