Question & AnswerQ&A (MIA MEMORANDUM CIRCULAR NO. 143)
The main objectives are to ensure compliance with the International Safety Management (ISM) Code for domestic shipping, promote a culture of safety and environmental protection, provide safe ship operation and working environments, establish safeguards against risks, and continuously improve safety management skills of personnel.
The ships covered include: 1) Passenger High Speed Crafts; 2) Passenger-carrying ships required to be classed; 3) Oil Tankers, Chemical Tankers, and Gas Carriers 500 gross tons and above; and 4) Bulk Carriers 500 gross tons and above and required to be classed.
'Company' refers to the owner of the ship or any other organization or person such as the manager or bareboat charterer who has assumed responsibility for the operation of the ship and agreed to take over all duties and responsibilities imposed by the ISM Code.
The 'Document of Compliance' (DOC) is issued to a company that complies with ISM Code requirements. The 'Safety Management Certificate' (SMC) is issued to a ship after verification that the company and shipboard management operate according to the approved Safety Management System.
By 01 July 1999, only companies with the relevant Document of Compliance (DOC) shall be allowed to operate ships covered by the Circular.
The penalty for non-possession or non-renewal of the DOC or SMC is a fine of P50,000.00 per company or per ship after due notice and hearing.
A fine of P25,000.00 shall be imposed for failure to communicate to the Administration the name and details of the entity that has assumed responsibility for complying with the ISM Code, after due notice and hearing.
Every company must develop, adopt, and implement a Safety Management System (SMS) as part of their obligation to comply with the ISM Code.
Yes, companies have the option to secure ISM Certification from recognized organizations accredited by MARINA, but the full-term DOC and SMC shall be issued only by the Administration.
MARINA has the prerogative to conduct verification or audits whenever circumstances warrant to ensure compliance with the ISM Code.
The Maritime Industry Authority may temporarily suspend the ship's license and authority to operate, suspend the company's accreditation, and defer action on pending applications involving the company/operator until compliance is made.
Companies are classified based on employee size: Category I a (Small) with 20 or fewer employees; Category II a (Medium) with 21-50 employees; Category III a (Large) with more than 50 employees. Ships are classified as Category I, II, or III depending on size and passenger capacity.