A breakdown of domestic commercial vessel safety management system requirements from Australia, New Zealand, United…
What is the Law in Australia? To show that you have thought about and managed the risks of the operation, you must present a safety management system to the National Regulator.
The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 states that:
Section 12(1) requires the owner of a domestic commercial vessel to ensure the safety of the vessel and its operation. The owner must implement and maintain a safety management system (SMS), which ensures that the vessel and the operations of the vessel are safe. and; Marine Safety (Domestic Commercial Vessel) National Law Act 2012 Under section 48(1), the National Regulator may only issue a certificate of operation if the National Regulator is satisfied that the applicant has demonstrated appropriate competence and capacity in relation to the safe operation of the vessel.
How does the Law apply to existing operations?
If you were operating a vessel commercially up to two years before 1 July 2013, you can continue to operate that vessel in the same manner. This rule applies to existing tenders and auxiliaries too. A valid state or territory certificate is treated as a National System certificate until expiry.
When it expires, or by 1 July 2016, you need to get a National System certificate of operation. If you keep doing what your previous state or territory certificate allowed, the crewing and operational arrangements won’t change. All existing Class 1 and hire and drive operations must meet current operating standards (NSCV Parts E & F (Special Vessels)) by 1 July 2014.
However, the crewing requirements won’t change. Other existing vessel operations must meet current operating standards (NSCV Part E) by 1 July 2016. However, the crewing requirements won’t change. To show that you have thought about and managed the risks of the operation, you must make a declaration or present a safety management system to the National Regulator. An operation must comply with safety standards (NSCV Part E (Safe Operations)). You can view that on the AMSA website. The best way to comply using the framework outlined in Part E is by placing your order on the Ocean Time Marine website.
Why do I need to comply?
The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law) defines general safety obligations on both the Owner and Master. The Owner has a general safety obligation to implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as reasonably practicable, safe.
The Master also has a general safety obligation aboard the vessel to, so far as reasonably practicable, implement and comply with the safety management system for the vessel and the operations of the vessel. What are the benefits of having a Safety Management System (SMS)? A Safety management System provides comprehensive, practical measures and preventive strategies relating to safety and health hazards, and risks commonly associated with the Maritime industry.
Complying with the National Law will improve the working environment for Australians in the maritime industry. What’s more, it will also decrease the costs associated with health and safety. For example, when a staff member does not know a procedure or is injured in the work place, the costs are felt by everyone involved.
A current SMS can actually save you money, as well as ensure you’re being safe at sea and complying with the National Law. An increasing emphasis is being placed on water safety in Australia due to the high number of serious accidents associated with watercraft. Community expectation demands that vessels should be presented, managed and operated in a manner reflecting sound and effective safety and health standards.
Operators, employees, customers and the industry as a whole are all disadvantaged when we don’t implement best-practice.
How can Ocean Time Marine help?
Ocean Time Marine has developed an Interactive Safety Management System (SMS) template that will assist in meeting compliance with the NSCV Part E. A team of industry leading Marine Surveyors, Naval Architects and Marine Engineers have written a template in a simple and practical way that will assist with compliance. Take complete control of your own Safety Management System (SMS) Our SMS allows vessel owners and operators to produce, modify and control their own SMS and documentation. The interactive template works on Mac, PC or tablet with Adobe Reader®.
Comprising of the 12 essential elements of the ISM Code, the template includes: Guidance and examples of Risk Assessments Log Book Maintenance and Survey check lists (electronic and hard copy) over 40 different procedures (or add your own)s Plus, all customers have access to Ocean Time Marine’s Membership – monthly newsletters keeping you up to date with industry and regulatory standards and tips, advice, procedure and SMS updates with NO ONGOING FEES.
Have more than one vessel?
The template also allows you to add more than one vessel (of the same operation) to the SMS for no additional cost! But my operation is different…
From your organisational structure, market focus, to your layout, we understand that every vessel and its operations are unique. Ownership and management of each operation comes with its own special needs and responsibilities – that only those persons actively managing or working with a vessel will truly understand.
In recognising these differences, the Ocean Time Marine SMS has been developed in an interactive form, flexible enough to accommodate these variables, while still being focused on meeting individual organisational and statutory obligations. How does the SMS template work? After downloading the electronic SMS template, simply follow the steps outlined in the template. This will take most people no more than 2-3 hours.
All you need to do is enter your details and update procedures you may have or use some of our suggestions. You’ll also need to identify your hazards and then develop your procedures to mitigate the risks that you have identified. Once you have purchased the SMS template, we have a number of completed risk registers that will be emailed to you to ensure you’re fully prepared.
But this is going to cost thousands right? Chances are that you or someone you know has spoken to an industry lawyer who has quoted you thousands of dollars to develop a SMS for your operations.
Ocean Time Marine is committed to providing the maritime industry with an affordable alternative. That’s why we have developed a SMS template.