Page 18: of Marine News Magazine (April 2016)

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REGULATORY WATCH

The Master’s Authority: a Vital SMS Caveat

As safety management systems (SMS) on board vessels evolve, the vessel’s master still holds ultimate authority.

By (Captain) Katharine Sweeney

Subchapter M is ? nally underway. A strong words that inspire a certain pucker factor, as they call starring role in this new CFR is a safety to mind any number of potential underway emergencies.

management system onboard all ves- Also, and no less important, the code also requires that sels. While this system dictates how the a master be: properly quali? ed for command, fully con- vessel is to be operated and under what versant with the company’s SMS and that he/she be given parameters, a key principle of any SMS the necessary support so that the master’s duties can be is that the Master has the authority and safety performed.” the responsibility to override the SMS Imagine a master being required to get approval from the

Sweeney when safety of the crew, the vessel, or of? ce prior to responding to an emergency situation. Imag- the environment is at stake. ine, this same master not being able to reach the of? ce to get

There are hopefully good (and well documented) reasons this approval. An example would be the master wanting to why a company has chosen a particular individual to be engage the salvage tug prior to hitting the rocks. The mas- master of its vessel and entrusted him or her with the capi- ter’s authority is an extremely important caveat all compa- tal asset, and capital liability, of the company. The master is nies must spell out in their procedures. The master must un- the individual responsible for the overall operation of this derstand this basic tenet, how it works, when to use it, and vessel while underway or tied up to a dock. While the com- any further action that is required incase this tenet is used.

pany has provided an SMS, there is no way the company Far better for a master to explain his or her actions to the could anticipate every situation that could arise on a vessel. company, then at a formal USCG hearing. As a currently

That is where the master’s authority comes into play. licensed master mariner, a company may choose to no lon- ger employ me as master because of my actions. However,

M ’ A D if I have the same conversation with the USCG, my license

ASTER S UTHORITY EFINED

Straight out of the International Safety Management may be at stake, at which point the option of working for (ISM) code, from its very inception, is the concept of the the same company, or any company for that matter, as master’s responsibility and authority. According to the master may be mute. code, the company should clearly de? ne and document

HE IEW FROM AND THE the master’s responsibility with regard to: T V AWO RCP 1. implementing the safety and environmental The AWO’s Responsible Carrier Program is not silent on protection policy of the company; the matter of the Master’s Responsibility. The RCP stipulates 2. motivating the crew in the observation of that policy; that policies and procedures outlining the safety of the tow- 3. issuing appropriate orders and instruction in a ing vessel are the responsibility of the master. The master is re- clear and simple manner; sponsible for compliance with applicable local, state, federal, 4. verifying that speci? ed requirements are observed; and and international regulations and with the vessel’s SMS. The 5. periodically reviewing the SMS and reporting its master must review of the contents of the vessel’s SMS and de? ciencies to the shore based management. report non-conformities to shore-base management, and en- sure supervision of all persons onboard in carrying out their

The code also states that a company “should ensure that assigned duties. The company must outline the details of the the SMS operating on board the ship contains a clear state- master’s reviews, including elements such as the frequency, ment emphasizing the master’s authority. The company scope and reporting requirements of non-conformities.

should establish in the SMS that the master has the overrid- Another requirement of the RCP is to include a proce- ing authority and the responsibility to make decisions with dure underlining that nothing in the safety management respect to safety and pollution prevention and to request system applicable to the vessel shall be misinterpreted in a the company’s assistance as may be necessary.” These are manner that limits the master or mate of their own responsi-

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