Experience from ISM Code as Implementation Model for the Maritime Labour Convention, 2006

Abstract

The International Safety Management Code (ISM Code) and the Maritime Labour Convention (MLC), 2006 are international regulatory instruments to provide standards for the safe management and operation of ships, protection of marine environment, and setting fort minimum working requirements for the welfare and working conditions of seafarers. For the ISM Code, its effective implementation depends mostly on the competence and continued commitment and motivation of individuals at all levels, and the outcome envisages the enhancement of a safety culture throughout the shipping industry. This paper attempts to establish correlations between the ISM Code and the MLC, 2006 in the provisions on objectives, legislative requirements, Flag State responsibilities, Port State responsibilities, health and safety protection, accident prevention and safety management, regular inspections and analysis of non-conformities and qualifications of seafarers. Based on these, a model to enhance the implementation of the MLC, 2006 by the relevant stakeholders in the maritime sector is developed patterned on the multi-stage model of the workings of the ISM Code developed by Trapford (2009). Although not very exhaustive, the literature reviewed on the experience of the ISM Code and the model proposed could reasonably apply for MLC, 2006 as the notions, goals and objectives of the both codes are anchored on the development of a safety culture – one emphasizing safe management culture and the other safe working conditions and welfare of the seafarers.

Investigating the Effectiveness of the Maritime Regulatory Regime to Address a Socially Responsible Shipping Industry: A Content Analysis Study

“…Evidently, promulgating sustainable development at policy level does not form part of ISM, ISPS and MLC 2006 requirements for company policy objectives. To be fair though, this should not be credited as a pure omission since many of the elements of sustainable development are already covered by IMO strategic plan committed to drive shipping into a sustainable development path [40,62,83].…”

“…As mentioned above, the International Maritime Organization has established a plethora of mandatory international maritime regulations concerning the construction, design, navigation, environmental protection, manning, occupational safety, and security of merchant shipping, which Flag Administrations have incorporated and implemented through their national legislation [60,61]. Similar to IMO, the International Labor Organization (ILO) refers to another pillar and collaborator in safeguarding maritime labour issues [62,63]. However, in our attempt to explore whether the statutory maritime regulatory framework is sufficient to address CSR issues nowadays, we need to narrow our research field to those maritime regulations that correlate to the spirit and scope of CSR.…”

“…Hence, we delineated the case study context to the selection of those maritime regulations with a view of providing an international standard or means of a structured and documented management system and processes to facilitate decision-making and risk management within the organization. In that sense, the regulatory instruments that mostly meet these criteria and suit present research scope assumed to be the ISM Code, the ISPS Code and the MLC Convention, 2006 [62,64,65]. One could contend though that dimensions and obligations under these instruments vary, since they deal with multiple issues such as, security and safety of ships, pollution prevention, living and working conditions and social rights for seafarers.…”